Booth v. Hart
Supreme Court of Connecticut
Bastardy complaint; brought to the Court of Common Pleas of Hartford County, and tried to the jury on the plea of not guilty, before McManus, J. Upon the trial the plaintiff offered herself as a witness and swore that the defendant was the father of the child, and stated all the circumstances with regard to the matter; but it appeared that she had not made disclosure of the fact at the time of her travail.
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Bastardy complaint; brought to the Court of Common Pleas of Hartford County, and tried to the jury on the plea of not guilty, before McManus, J. Upon the trial the plaintiff offered herself as a witness and swore that the defendant was the father of the child, and stated all the circumstances with regard to the matter; but it appeared that she had not made disclosure of the fact at the time of her travail. Having rested her case the defendant moved for a non-suit, on the ground that she had not made out a prima, facie case, which the court granted. The plaintiff then moved to set aside the…
1Opinion of the CourtPark, C. J.
It does not clearly appear by the record whether the judgment was rendered in the court below on the ground of a failure of evidence by the plaintiff to establish a primá facie case, or whether the decision was based upon a question of law arising upon the statute on which this proceeding is brought. We think the court erred upon whichever ground the judgment was rendered. It is manifest that the plaintiff testified to facts sufficient, if uncontradicted, to establish her case. And there is nothing strange or incredible in her testimony. In cases tried to the jury we have established the…
2Cases cited1 opinion
- Town of Chaplin v. HartshorneSupreme Court of Connecticut · 1825
3Cited by17 opinions
- Little v. StreaterSupreme Court of the United States · 1981
- State v. SebastianSupreme Court of Connecticut · 1908
- State v. SegerbergSupreme Court of Connecticut · 1945
- Shailer v. BullockSupreme Court of Connecticut · 1905
- Hellman v. KarpSupreme Court of Connecticut · 1919
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