McLaughlin v. Whitten
Supreme Judicial Court of Maine
Exceptions from the District Court, Redington, J. The defendant at a former term, in a prosecution by plaintiff against him, had been adjudged the putative father of her bastard child ; and was ordered to give certain bonds according to the statute. Not complying with the order, he was committed to jail on the 20th day of July, 1844, that being the day on which said complaint was tried.
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Exceptions from the District Court, Redington, J. The defendant at a former term, in a prosecution by plaintiff against him, had been adjudged the putative father of her bastard child ; and was ordered to give certain bonds according to the statute. Not complying with the order, he was committed to jail on the 20th day of July, 1844, that being the day on which said complaint was tried. He was discharged from imprisonment on taking the poor debtor’s oath, as authorized by statute, on the 7th day of November, 1844. One of the instalments, ordered by the court to be paid to the plaintiff,…
1Opinion of the CourtTenney, J.
The commitment of the defendant was by the direction of court on his failing to comply with its order, in procuring the bonds according to the provisions of the statute ; and not for the refusal or omission to pay any sum of money at the same time awarded to the plaintiff.
At the time of a judgment of filiation under the statute for the maintenance of bastard children, (R. S. chap. 131, § 9,) orders are made by the court, which, if not complied with, may be the foundations of actions of debt to be subsequently brought. The putative father cannot be arrested and imprisoned by virtue of an…
2Cited by2 opinions
- Cousins v. HooperSupreme Judicial Court of Maine · 1966
- Taylor v. StullNebraska Supreme Court · 1910