Marston v. Jenness
Superior Court of New Hampshire
Complaint, under the “act to provide for the maintenance of bastard children,” which came before the court upon an agreed statement of facts. It appeared, that on the 13th day of January, 1840, the complainant entered her complaint before a justice of the peace for this county, charging the respondent with being the father of a bastard child, with which she was then pregnant.
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Complaint, under the “act to provide for the maintenance of bastard children,” which came before the court upon an agreed statement of facts. It appeared, that on the 13th day of January, 1840, the complainant entered her complaint before a justice of the peace for this county, charging the respondent with being the father of a bastard child, with which she was then pregnant. The magistrate issued process, convened the parties before him, and upon a hearing rendered judgment that the respondent ought not to be held to answer further to the complaint, and that he be discharged from arrest. On…
1Opinion of the CourtGilchrist, J.
Upon the facts agreed in this case, a question arises as to the effect of the former examination and discharge by the magistrate ; and in order to determine this point it may be necessary to inquire into and settle another question, which is, whether the proceedings under this act are of a civil or criminal character, and whether the final order of filiation that may be made in such cases, is in the nature of a punishment for an offence, or merely of an indemnity against certain pecuniary losses that may be sustained by the town chargeable with the support of the child.
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2Cases cited4 opinions
- Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1806
- Hinman v. TaylorSupreme Court of Connecticut · 1817
- People v. Barrett & WardNew York Supreme Court · 1806
- R. R. v. J. M.Superior Court of New Hampshire · 1825
3Cited by5 opinions
- Marston v. JennessSuperior Court of New Hampshire · 1841
- State ex rel. Patten v. MittonSupreme Court of New Hampshire · 1973
- Harris v. County of SullivanSuperior Court of New Hampshire · 1844
- Little v. DickinsonSuperior Court of New Hampshire · 1854
- United States Ex Rel. Rutz v. LevySupreme Court of the United States · 1925