Fuller v. Town of Hampton
Supreme Court of Connecticut
IN ERROR. This was a suit for maintenance of a bastard child, instituted and prosecuted, by the select-men of the town of Hampton, against the person accused of begetting such child.
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IN ERROR. This was a suit for maintenance of a bastard child, instituted and prosecuted, by the select-men of the town of Hampton, against the person accused of begetting such child. The complaint stated, "That one Clarissa Neff, a legal inhabitant of the town of Hampton, a single and unmarried woman, was, on the 23rd of October, 1819, at said Hampton, delivered of a bastard child ; that she is poor and needy, and unable to support said child; that said child is now living and likely to become expensive and chargeable to said town ; and that no sufficient security has ever been offered to…
1Opinion of the Court
Hosmer, Ch. J.
I shall confine my opinion in this case to the question, whether the complaint of the town of Hampton is sufficient.
The right of an action is given to the plaintiffs below, by the statute providing for the support of bastard children ; and the suit is brought upon the statute. There is no remedy at common law for the town of Hampton ; and if there were, it would be unavailable in the present action. They must bring themselves within the statutory remedy, and aver every fact, which the law has made a prerequisite to their recovery. One indispensible fact is the neglect of the…
2Cases cited3 opinions
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
- Hartford Bridge Co. v. GrangerSupreme Court of Connecticut · 1822
- Jencks v. PhelpsSupreme Court of Connecticut · 1822
3Cited by6 opinions
- McLoud v. SelbySupreme Court of Connecticut · 1835
- Kline v. State Ex Rel. St. ClairOhio Court of Appeals · 1925
- Town of Chaplin v. HartshorneSupreme Court of Connecticut · 1825
- Williams v. ThorpNew York Supreme Court · 1828
- Brown v. ShieldsSupreme Court of Virginia · 1835
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