Legal Opinion

Stokes v. Sanborn

Supreme Court of New Hampshire

Decided June 15, 1864Published

This was an action of debt upon an order or judgment of the Court of Common Pleas, charging the defendant, as the father of a bastard child, with certain sums for its -expenses and maintenance. There is also in the writ a count for §200, for food, drink, Avashing, lodging, medicines, medical attendance, care, and expenses, and support of the defendant’s infant child at his request.

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This was an action of debt upon an order or judgment of the Court of Common Pleas, charging the defendant, as the father of a bastard child, with certain sums for its -expenses and maintenance. There is also in the writ a count for §200, for food, drink, Avashing, lodging, medicines, medical attendance, care, and expenses, and support of the defendant’s infant child at his request. The writ is dated Dec. 26, 1863 ; and now the parties agree upon the folloAving facts, to wit: That the plaintiff, a single Avoman, on the twenty-second day of Eeb. 1858, she being then and ever since of Epping, in…

1Opinion of the CourtBellows, J.

In Marston v. Jenness, 11 N. H. 156, after a careful examination of our statute upon this subject, it was decided, " that the rules of civil proceedings are applicable to complaints under this act, and that they are substantially civil suits, although some of their forms are adopted from the criminal law.” And this decision has been followed in Harris v. County of Sullivan, 15 N. H. 81, and Little v. Dickinson, 29 N. H. 56, so that this doctrine may be considered as settled in New Hampshire.

Indeed, it is quite obvious, that the object of the law is to redress a civil injury by compelling the…

2Cases cited10 opinions

  1. Speed v. CrawfordCourt of Appeals of Kentucky · 1860
  2. Hinman v. TaylorSupreme Court of Connecticut · 1817
  3. Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
  4. Blood v. MorrillSupreme Court of Vermont · 1845
  5. Robie v. McNieceSupreme Court of Vermont · 1835

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