Beals v. Furbish
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Cutting, J., presiding, Complaint under c. 131, E. S., relating to bastard children and their maintenance. The accusation was made April 21, 1854, and the child was born on the 12th of the same month.
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On Exceptions from Nisi Prius, Cutting, J., presiding, Complaint under c. 131, E. S., relating to bastard children and their maintenance. The accusation was made April 21, 1854, and the child was born on the 12th of the same month. In this acensa-tiou her pregnancy is alleged to have commenced from the first to the middle of July, 1853. Her declaration in Court fixes the time she was made pregnant, on or about the 12th day of July, 1853. When the cause came on for trial, a motion was made to quash the proceedings because the complaint did not allege any accusation of respondent during the…
1Opinion of the CourtAppleton, J.
— It is urged that the proceedings before the magistrate taking the accusation and examination of the complainant, should have been quashed, because it is not alleged therein that she accused the respondent of being the father of her bastard child, at the time of her travail, and that she has continued constant in her accusation.
By B. S., c. 131, § 1, the accusation and examination of the complainant may be made before the birth of the child, which “ if born alive may be a bastard.” By § 8, the accusation of the complainant at the time of the travail, that the person accused is the father of…
2Cases cited1 opinion
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