R. R. v. J. M.
Superior Court of New Hampshire
R. M. made her complaint in writing upon oath to a justice of the peace, alleging that she was pregnant with a child, which, if born alive, might be a bastard, and become chargeable to the town of C., and that the said J. M., on or about the 10th January, 1822, had carnal knowledge, &c. at or about which time the said child was begotten by said J. M. A warrant was issued by the justice, and M. having been arrested, gave bond for his appearing, and answering the said…
Read the full summary
R. M. made her complaint in writing upon oath to a justice of the peace, alleging that she was pregnant with a child, which, if born alive, might be a bastard, and become chargeable to the town of C., and that the said J. M., on or about the 10th January, 1822, had carnal knowledge, &c. at or about which time the said child was begotten by said J. M. A warrant was issued by the justice, and M. having been arrested, gave bond for his appearing, and answering the said complaint, in this court. The respondent appeared here ; but the said R. R. having neglected to take the steps prescribed by the…
1Opinion of the CourtRichardson, C. J.
It is objected, that it does not appear by the record in this case, that the child, with whose maintenance the respondent has been found by the jury chargeable, was born alive ; and that, by reason of that defect, there is no legal ground, on which he can be ordered by the court, to give security, to save the town of C. harmless from its maintenance. To ascertain if this objection have any foundation in fact, it is necessary to examine the record, Upon looking into *140the proceedings, it appears that, previous to the birth of the child,, the mother went before a justice of the peace, and made…
2Cases cited2 opinions
- Drowne v. StimpsonMassachusetts Supreme Judicial Court · 1807
- Town of Walpole v. Town of MarlowSuperior Court of New Hampshire · 1821
3Cited by3 opinions
- Marston v. JennessSuperior Court of New Hampshire · 1840
- Paine v. WebsterSupreme Court of Vermont · 1828
- Marston v. JennessSuperior Court of New Hampshire · 1841