Comstock v. Weed
Supreme Court of Connecticut
in error. THIS was a prosecution upon the statute of bastardy, (tit. 22.) by the mother of a bastard child, against its lather, for the expenses at its birth, and its maintenance while it lived. To the original complaint returned to, and the supplemental complaint filed in, the county court, which were in the usual form, the defendant pleaded not guilty $ on which issue was joined to the court.
Read the full summary
in error. THIS was a prosecution upon the statute of bastardy, (tit. 22.) by the mother of a bastard child, against its lather, for the expenses at its birth, and its maintenance while it lived. To the original complaint returned to, and the supplemental complaint filed in, the county court, which were in the usual form, the defendant pleaded not guilty $ on which issue was joined to the court. The cause was tried on its merits ; and the court rendered judgment as follows : “ This court, having fully heard the parties, with their testimony, and by their counsel, do find, that the facts in…
1Opinion of the Court
Swift, Ch. J.
I am of opinion that there is no error in the judgment complained of.
The statute prescribes no form of judgment: a substantial compliance with it is sufficient. It says, that upon the production of certain evidence, the court, notwithstanding the denial of the defendant, shall adjudge him the reputed father of the child. This can only mean, that they shall, from such evidence, find him to be the reputed father. It appears, that the defendant, now plaintiff in error, pleaded not guilty ; and the court find him to be guilty. This is finding him, and substantially adjudging him, to…
2Cases cited1 opinion
- Bennett v. HallSupreme Court of Connecticut · 1815
3Cited by4 opinions
- Robertson v. ApuzzoSupreme Court of Connecticut · 1976
- Faraday v. DubeSupreme Court of Connecticut · 1978
- Judson v. BlanchardSupreme Court of Connecticut · 1823
- Rand v. Duval, No. 535304 (May 3, 1996)Connecticut Superior Court · 1996