Legal Opinion

Gaffery v. Austin

Supreme Court of Vermont

Decided January 15, 1836PublishedCited by 9 opinions

This is a prosecution under the statute “relating to bastards and bastardy.” The defendant moved to quash the proceedings on the ground that the complainant was a married woman, both at the time of the conception and of exhibiting her complaint.

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This is a prosecution under the statute “relating to bastards and bastardy.” The defendant moved to quash the proceedings on the ground that the complainant was a married woman, both at the time of the conception and of exhibiting her complaint. The plaintiff replied “want of access” of the husband, to which there was a. general demurrer and joinder, and the court below quashed the proceedings. — The defendant contends that the statute, upon which this prosecution is founded, does not authorize a justice of the peace to issue a warrant on the complaint of a married woman. — Statute 366. A…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, J.

The only question decided is, whether a married woman can sustain á prosecution under our statute relating to bastards and bastardy, for the purpose of affiliating a child conceived and born during coverture, by proving total want of access of the husband.

No doubt such offspring is illegitimate and bastard. It is well settled at common law, that the issue may be bastardized, although born during coverture, by showing want of access, immaturity or imbecility of the husband, or any other cause which renders it impossible he should have .been…

2Cited by9 opinions

  1. Kowalski v. WojtkowskiSupreme Court of New Jersey · 1955
  2. Craig v. SheaNebraska Supreme Court · 1918
  3. Howard v. HowardSupreme Court of Vermont · 1960
  4. State v. CarverSupreme Judicial Court of Maine · 1861
  5. State v. ChaseSupreme Judicial Court of Maine · 1953

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