Legal Opinion

Garvin v. Walsh

Supreme Court of Vermont

Decided January 15, 1882PublishedCited by 1 opinion

Heard by the court at the March Term, 1881, Veazey, J., presiding. It was a motion, under chapter 74, section 10, G. S. (R. L. s. 2407),.for an execution against a surety in bastardy proceedings ; and the court held that the complainant was entitled to an execution. Thomas Walsh was the principal, and William Walsh the surety, in the bastardy proceedings before the justice.

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Heard by the court at the March Term, 1881, Veazey, J., presiding. It was a motion, under chapter 74, section 10, G. S. (R. L. s. 2407),.for an execution against a surety in bastardy proceedings ; and the court held that the complainant was entitled to an execution. Thomas Walsh was the principal, and William Walsh the surety, in the bastardy proceedings before the justice. The said Thomas was adjudged by the County Court to be the father of the child ; and ordered to pay $300 towards its support, and costs of the suit. This was at the September Term, 1880. No new recognizance was entered…

1Opinion of the Court

The opinion of the court was delivered by

Taft, J.

The defendant in a bastardy case, when brought before a magistrate, is required to enter into a recognizance for his appearance before the County Court and to abide the order of the court in the premises. If in the County Court the defendant is adjudged to be the father of the child, the court makes suitable orders with reference to his contributing to its support, the expenses of the mother, and costs of suit. At the term when such orders are made, a new recognizance can be entered into, conditioned for the performance of the orders, and when…

2Cases cited5 opinions

  1. Gray v. FolsomeSupreme Court of Vermont · 1835
  2. Humphrey v. KassonSupreme Court of Vermont · 1854
  3. Mather v. ClarkSupreme Court of Vermont · 1827
  4. Simmons v. AdamsSupreme Court of Vermont · 1843
  5. Freeman v. BatchelderSupreme Court of Vermont · 1861

3Cited by1 opinion

  1. St. Pierre v. BeauregardSupreme Court of Vermont · 1931

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