DeCoster v. Chandler

The trial court found that the plaintiff, then Susan Welch, a single person, was delivered of a child fathered by the defendant, that she has since married, and that she brought this bastardy action as a married woman. Defendant claims that the plaintiff’s subsequent marriage bars her from bringing this action and cites 15 Y.S.A. § 331. In the case of Sisco v. Harmon, 9 Vt. 129 (1837) at 135, this Court held:

[I]f a single woman has been delivered of a bastard child, there is nothing which requires that she should remain such, when the oath is made, and the proceeding is taken.

*71■ The statute…