Nash v. Doyle
Supreme Court of Vermont
This was a complaint for bastardy, prosecuted by the overseers of the poor of Underhill, for the benefit of that town, under the statute provisions for that purpose. Trial by jury, and verdict for the defendant, at the April Term, 1867, Pierpoint, Ch. J., presiding.
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This was a complaint for bastardy, prosecuted by the overseers of the poor of Underhill, for the benefit of that town, under the statute provisions for that purpose. Trial by jury, and verdict for the defendant, at the April Term, 1867, Pierpoint, Ch. J., presiding. On the trial, the plaintiff was called as a witness and testified that she was an unmarried woman, and had never been married; that she had been delivered of a bastard child at the time stated in the complaint, and that the defendant was the father of the child. She also stated the time, place and circumstances under which the…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The statement and affidavit, admitted to have been made by the plaintiff, were important matters of evidence-in-chief in behalf of the defendant, as well as in contradiction and impeachment of the plaintiff as a witness swearing that the defendant was the father of the child. Having been evoked by the defendant, for the purpose of using them. agaiDSt her on the trial, it was proper that she should have opportunity to state the history of the matter, so far as it bore upon, and resulted in her giving said affidavit, and making said statement.…
2Cited by1 opinion
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