Legal Opinion

Sprague v. Eccleston

New York Supreme Court

Decided May 15, 1869PublishedCited by 4 opinions

Action for assault and battery, and false imprisonment. One Lydia A. West was delivered of a bastard child, in Otsego coxmty. She was a resident of the town of McDonough, in Chenango county, to which she returned after the birth of the child, and was supported by that town at the county poor house, in the adjoining town of Preston.

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Action for assault and battery, and false imprisonment. One Lydia A. West was delivered of a bastard child, in Otsego coxmty. She was a resident of the town of McDonough, in Chenango county, to which she returned after the birth of the child, and was supported by that town at the county poor house, in the adjoining town of Preston. The defendant, Martin (deceased since the trial), made application to the defendant, Eccleston, a justice of the peace of the county, and the justice went to said town of Preston, and there took Mrs. West’s examination, in presence of Martin, and the defendant,…

1Opinion of the Court

Present — Balcom, Boardman and Parker, JJ.

By the Court

alcom, P. J.

The bastard child of Lydia A. West was bom, according to the evidence of Susan Layton, in the town of Richfield, in the county of Otsego, on the 21st *77day of August, 1864. And the statute is that “ the reputed father and mother of every bastard shall be liable for its support ; in their default or inability, it shall be supported by the county or town in which it shall be born, as hereinafter provided.” (2 R. S., 5th ed., 906, § 2.) According to this statute, the town of Richfield, or the county of Otsego, was liable to support…

2Cases cited3 opinions

  1. Bigelow v. StearnsNew York Supreme Court · 1821
  2. Reynolds v. OrvisNew York Supreme Court · 1827
  3. Wallsworth v. M'CulloughNew York Supreme Court · 1813

3Cited by4 opinions

  1. People Ex Rel. Lawton v. . SnellNew York Court of Appeals · 1916
  2. Flint v. PierceNew York Supreme Court · 1912
  3. People ex rel. Board of Police & Excise Commissioners v. ShulmanAppellate Division of the Supreme Court of the State of New York · 1896
  4. Van Schaick v. SigelNew York Court of Common Pleas · 1880

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