Legal Opinion

State v. Such

Supreme Court of New Jersey

Decided February 15, 1891PublishedCited by 1 opinion

■ On motion to strike out pleas. The pleas were filed in answer to a declaration in an action-upon a bond given in a bastardy proceeding.

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■ On motion to strike out pleas. The pleas were filed in answer to a declaration in an action-upon a bond given in a bastardy proceeding. The declaration states that.o'ne Thomas Carpenter was, by a-Court of Quarter Sessions, adjudged guilty of being the father of a-, bastard child; whereupon the court made an order of filiation to the effect. that said Carpenter should pay, or cause to be-paid, to the overseers of the poor, the sum of $1.50 Aveekly,. as well as for the better relief of the township as for the sustenance and relief of said child, for so long a time as the child should be…

1Opinion of the Court

The opinion of the court was delivered by

Reed, J.

The only ground upon which the first of these special pleas has any claim to consideration is, that the bond in suit is a statutory bond containing a condition more onerous than the one required by the statute.

The statute (Rev., p. 72, § 12) requires a bond to indemnify the townships against costs and expenses incurred for the support of the child.

The point made is, that the costs of education, against ' which the condition of the present bond contains an indemnity, is not included in the expenses for supporting the child.

I cannot concur in…

2Cases cited2 opinions

  1. Winter v. . KinneyNew York Court of Appeals · 1848
  2. Erlinger v. PeopleIllinois Supreme Court · 1865

3Cited by1 opinion

  1. Ditzel v. BlockSupreme Court of New Jersey · 1910

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