Keniston v. Rowe
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Redington J. presiding. This was a complaint, founded on the statute in relation to bastardy, in which it was alleged that on or about Oct. 18, 1822, that said Sarah Keniston, then unmarried, was begotten with child by said Rowe, and that she was delivered of the child, August 12, 1823. The complaint to the Justice was made and sworn to, Oct. 13, 1837. A declaration was filed at the trial, containing the same facts, and also that…
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Exceptions from the Court of Common Pleas, Redington J. presiding. This was a complaint, founded on the statute in relation to bastardy, in which it was alleged that on or about Oct. 18, 1822, that said Sarah Keniston, then unmarried, was begotten with child by said Rowe, and that she was delivered of the child, August 12, 1823. The complaint to the Justice was made and sworn to, Oct. 13, 1837. A declaration was filed at the trial, containing the same facts, and also that during the time of travail she had accused Rowe of being the father of the child, and had continued constant in the…
1Opinion of the Court
*40The opinion of the Court was subsequently drawn up by
Shepley J.
It was decided in the case of Wilbur v. Crane, 13 Pick. 284, that when the woman marries after the birth of her child, the husband should join in a prosecution of this description.
The statute in terms authorizes the prosecution to be commenced after the birth, and there is nothing in the other provisions so inconsistent as to authorize courts to deny the right. The process is one of a peculiar character, existing only by statute, and any attempt to class it with actions, or suits at common law of any description, will afford…
2Cited by8 opinions
- Hanawalt v. StateWisconsin Supreme Court · 1885
- McCalman v. StateSupreme Court of Georgia · 1904
- Shorten v. Judd ex rel. RunkleSupreme Court of Kansas · 1895
- State v. NeelUtah Supreme Court · 1901
- State of Arizona v. NeriniArizona Supreme Court · 1944
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