Legal Opinion

Marston v. Jenness

Superior Court of New Hampshire

Decided December 15, 1841PublishedCited by 1 opinion

Complaint, under the act to provide for the maintenance of bastard children. The complaint was not dated, but was sworn to on the 13th day of January, A. D. 1840, as appeared by the certificate of a magistrate; and it set forth that the child was begotten on the 15th day of May last, &c.

Read the full summary

Complaint, under the act to provide for the maintenance of bastard children. The complaint was not dated, but was sworn to on the 13th day of January, A. D. 1840, as appeared by the certificate of a magistrate; and it set forth that the child was begotten on the 15th day of May last, &c. Upon the trial, the jury found the respondent chargeable, and he moved to set aside the verdict, and for a new trial, for the following reasons : 1. Because the complainant was improperly admitted as a witness upon the trial; she not having, in her complaint, stated the time when the child was begotten, and…

1Opinion of the CourtGilchrist, J.

No reason is given by the respondent why the father of the complainant is an incompetent witness. He is not a party to the record, is not infamous, nor interested in the prosecution, nor are there any reasons of public policy against his admission. His credibility is a question for the jury, and they have it in their power to make what deductions they please from his credit, on account of his relationship to the complainant. We think this exception must be overruled.

Two exceptions are taken to the competency of the complainant as a witness, one of which is that there was no evidence that she…

2Cases cited3 opinions

  1. Drowne v. StimpsonMassachusetts Supreme Judicial Court · 1807
  2. Marston v. JennessSuperior Court of New Hampshire · 1840
  3. R. R. v. J. M.Superior Court of New Hampshire · 1825

3Cited by1 opinion

  1. Peterborough v. LancasterSuperior Court of New Hampshire · 1843

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API