Clark v. Petty
Ohio Supreme Court
Motion for leave to file a petition in error to the District Court of Marion county. The defendant in error, Susannah J. Petty, the mother of an illegitimate child, brought( an action in the Court.of Common Pleas of Marion county, upon a forfeited recognizance, against Prank M. Clark,(who had been adjudged,' in a proceeding in bastardy, to be the reputed father of the ■child, and ordered to stand charged with its maintenance, in a sum fixed by the court,)and William E.…
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Motion for leave to file a petition in error to the District Court of Marion county. The defendant in error, Susannah J. Petty, the mother of an illegitimate child, brought( an action in the Court.of Common Pleas of Marion county, upon a forfeited recognizance, against Prank M. Clark,(who had been adjudged,' in a proceeding in bastardy, to be the reputed father of the ■child, and ordered to stand charged with its maintenance, in a sum fixed by the court,)and William E. Clark, his ■surety in said recognizance. The recognizance was entered into before an examining magistrate, and by its terms…
1Opinion of the CourtBoynton, J.
The demurrer to the amended petition, on the ground that the facts stated therein were insufficient to-constitute a cause of action, gave rise to the question of the plaintiff’s right to maintain the action on the recognizance. Another question was raised at the trial, which, it is contended, is decisive of the case on its merits, and entirely fatal to any right of action on the recognizance. The recognizance, by its terms, is to the state “ for the use and benefit of Marion township.” The settlement of the mother of the child was in Green Gamp township ; and it is claimed that, inasmuch as…
2Cases cited1 opinion
- Merrill v. PrinceMassachusetts Supreme Judicial Court · 1811
3Cited by7 opinions
- Myers v. BaughmanNebraska Supreme Court · 1901
- Dollman v. HaefnerOhio Circuit Courts · 1894
- Franken v. Franken, Court of Common Pleas of Ohio, Hamilton County1898
- Harper v. CrainOhio Supreme Court · 1881
- Kuder v. DummOhio Circuit Courts · 1886
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