Smith v. Lint
Supreme Judicial Court of Maine
On Facts agreed. Complaint under c. 131, R. S., which was entered at the April term of the District Court for the trial of civil actions in 1852. At that time there were separate terms fixed by law for -the trial of criminal matters. The child was born alive but died in August, 1852, at the age of eight months. The defendant was its admitted father.
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On Facts agreed. Complaint under c. 131, R. S., which was entered at the April term of the District Court for the trial of civil actions in 1852. At that time there were separate terms fixed by law for -the trial of criminal matters. The child was born alive but died in August, 1852, at the age of eight months. The defendant was its admitted father. Before pleading, the defendant filed a motion to have the prosecution dismissed, because it was entered at the civil and not at the criminal term of the court. At the March term, 1854, of the Supreme Judicial Court, it was contended by the…
1Opinion of the CourtAppleton, J.
— It has been decided that a complaint under the bastardy Aet is to be deemed a civil suit, and as such it should be entered at the term held for the transaction of civil business. Mahoney v. Crowley, 36 Maine, 486.
The object of the statute relating to bastard children and their maintenance was to compel the putative father to aid in supporting his illicit offspring. The expenses for the maintenance of an illegitimate child commence at its birth. They include what may be neeessary for its support and comfort. The liability of the father is coextensive with that of the mother and relates to…
2Cited by6 opinions
- Thut v. GrantSupreme Judicial Court of Maine · 1971
- State ex rel. Patterson v. PickeringSouth Dakota Supreme Court · 1912
- State v. ZeitlerSupreme Court of Minnesota · 1886
- People ex rel. Moore v. BeehlerNew York Supreme Court · 1892
- People v. GrunlandMichigan Supreme Court · 1915
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