Robie v. McNiece
Supreme Court of Vermont
This was a complaint for bastardy, and read as follows, except the words in italics, which were inserted on permission to amend: “ To William Spencer, one of the justices of the peace within and for the county of Orange, comes Sarah Robie of Corinth, in said Orange county, single woman, in her proper person, and on oath complaint makes, that on or about the first day of November, A. D. 1833, at said Corinth, in said county of Orange, one Hugh McNiece of Corinth aforesaid did…
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This was a complaint for bastardy, and read as follows, except the words in italics, which were inserted on permission to amend: “ To William Spencer, one of the justices of the peace within and for the county of Orange, comes Sarah Robie of Corinth, in said Orange county, single woman, in her proper person, and on oath complaint makes, that on or about the first day of November, A. D. 1833, at said Corinth, in said county of Orange, one Hugh McNiece of Corinth aforesaid did beget a child upon the body of her the said Sarah Robie — that she is now pregnant with a child of her body, begotten…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The trial in the county court was on a complaint for bastardy. Before trial, the complainant moved for and had leave to amend her complaint. There was after verdict a motion in arrest, which was overruled, It is contended on the part of the complainant—
1. That the complaint was sufficient without any amendment.
2. If not, that the defects are cured by verdict.
3. That the county court had authority to amend.
*423It is in the first place necessary to determine whether the proceeding to procure an order of filiation on a complaint against the…
2Cited by9 opinions
- In re WalkerNebraska Supreme Court · 1901
- State v. HopkinsSupreme Court of Vermont · 1883
- State ex rel. Patterson v. PickeringSouth Dakota Supreme Court · 1912
- Myuskovich v. State Ex Rel. OsbornWyoming Supreme Court · 1943
- Beals v. FurbishSupreme Judicial Court of Maine · 1855
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