Scott v. Ely
New York Supreme Court
This was an action of false imprisonment, tried at the Orange circuit in October, 1828, before the Hon. James Emott, one of the circuit judges.
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This was an action of false imprisonment, tried at the Orange circuit in October, 1828, before the Hon. James Emott, one of the circuit judges. The plaintiff was the mother of a bastard child; and being brought before the defendants, two of the justices of the peace of the town of Blooming Grove, and refusing to be sworn and examined as to the putative father of her child, the defendants issued a warrant directing her to be commit.ted to the common jail of the county, there to remain until she should consent to be sworn and examined; on which warrant she was arrested and imprisoned for 20…
1Opinion of the Court
By the Court,
Marcy, J.
On examining the “ act for the relief of cities and towns for the maintenance of bastard children,” I confess' I was at a loss to discover a clear authority, either expressed or implied, to justices to commit the ipather pf .a bastard child, for refusing to affiliate the child; *557but it appears from the cases of Billings v. Perin and others, (Sir Wm. Black. 1017,) and Weller v. Take, (9 East, 364,) that such power is exercised under the British statute without any question as to its legality. On comparing the two acts it is quite evident that they are very similar in their…
2Cited by12 opinions
- West v. CabellSupreme Court of the United States · 1894
- People v. . JohnsonNew York Court of Appeals · 1888
- Farnham v. HildrethNew York Supreme Court · 1860
- Prell v. McDonaldSupreme Court of Kansas · 1871
- Winters v. CampbellWest Virginia Supreme Court · 1964
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