Legal Opinion

Hale v. Turner

Supreme Court of Vermont

Decided March 15, 1857Published

Bastardy PROSECUTION. This was a proceeding commenced by a complaint of the plaintiff to a justice of the peace, setting forth that Marcia Ann Lewis, a single woman, had been delivered of a bastard child, with the support of which the town of West Windsor was chargeable, and had neglected for more than thirty days after the child was born to charge any person with being the father, &c.; upon which complaint a warrant issued, upon which the said Marcia was apprehended, and,…

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Bastardy PROSECUTION. This was a proceeding commenced by a complaint of the plaintiff to a justice of the peace, setting forth that Marcia Ann Lewis, a single woman, had been delivered of a bastard child, with the support of which the town of West Windsor was chargeable, and had neglected for more than thirty days after the child was born to charge any person with being the father, &c.; upon which complaint a warrant issued, upon which the said Marcia was apprehended, and, upon being examined, charged the defendant with being the father of the child; and thereupon a warrant issued upon which…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

I. It is claimed that the proceedings are defective .for not containing a certificate of the overseer of the poor of his intention to prosecute or control the proceedings, according to sec. 13 of chapter 71 of the Compiled Statutes.

But that section was a portion of the Revised Statutes of 1839, and has exclusive reference to such~prosecutions as were then allowed by the existing statutes. The present proceedings are based upon the statute of 1843, and are of a totally different character from anything in use before that time. This…

2Cases cited2 opinions

  1. Sherman v. JohnsonSupreme Court of Vermont · 1848
  2. Town of Barre v. Town of MorristownSupreme Court of Vermont · 1832

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