Legal Opinion

Eccleston v. State ex rel. Kendall

Court of Appeals of Maryland

Decided December 15, 1835PublishedCited by 2 opinions

Appeal from Baltimore County court. This was a scire facias issued in the name of the State of Maryland, for the use of Mary Kendall, on the 24th of June, 1833, to compel the appellant, as the surety of one Elijah Brookes, to pay to the said Mary, the sum of $120, as a compensation for the maintenance of her female illegitimate child, of which said Brookes was the father.

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Appeal from Baltimore County court. This was a scire facias issued in the name of the State of Maryland, for the use of Mary Kendall, on the 24th of June, 1833, to compel the appellant, as the surety of one Elijah Brookes, to pay to the said Mary, the sum of $120, as a compensation for the maintenance of her female illegitimate child, of which said Brookes was the father. The proceeding was grounded upon the following order, by a justice of the peace, the service of which on the appellant, and his refusal to pay the same, was proved. “ State of Maryland — Baltimore county, to wit:— On…

1Opinion of the CourtDorsey, Judge

Whatever may be the literal import of the acts of Assembly, passed November session, 1781, ch. 13, and the supplements thereto passed, the first in 1785, ch. 47, and the second in 1796, ch. 34, we hold ourselves bound by the uniform judicial construction given to those acts of Assembly, in the courts of justice of the State of Maryland, from, the passage of the act of 1796, to the present day; according to which, it has always been held, that the recognizance of the father to indemnify the county, “from all charges that, may arise for the maintenance of his illegitimate child, is…

2Cited by2 opinions

  1. Sheay v. StateCourt of Appeals of Maryland · 1891
  2. Barber v. State ex rel. HallerCourt of Appeals of Maryland · 1866

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