Egleson v. Battles
Supreme Court of Vermont
This was a prosecution for bastardy. Tbe defendant filed a motion to dismiss the complaint, because he says, “ That said child was bom and begotten in Stanstead, Canada East, and that said complainant, at the time said child was begotten and bom, had no residence in this state; and that the defendant never was a resident of this state.” The County Court, — Poland, J., presiding, — overruled the motion. To which decision the defendant excepted.
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This was a prosecution for bastardy. Tbe defendant filed a motion to dismiss the complaint, because he says, “ That said child was bom and begotten in Stanstead, Canada East, and that said complainant, at the time said child was begotten and bom, had no residence in this state; and that the defendant never was a resident of this state.” The County Court, — Poland, J., presiding, — overruled the motion. To which decision the defendant excepted. At the December Term, 1853, the defendant pleaded not guilty, and the cause was tried by jury. On the trial the evidence of the complainant tended to…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The case of Graham v. Monsergh, 22 Vt. 543, fully establishes the rule, that a bastard child, born out of the state, its mother, at the time, having no domicil within the state, cannot be affiliated, or its maintenance charged upon the father, under our statute. ¥e could not probably render this more obvious by any present argument.
It is nevertheless true no doubt, that if the mother is, at the time of the birth, Iona fide an inhabitant of the state, the birth of the child by accident, or during a temporary absence, occurring out of the…
2Cases cited2 opinions
- Town of Jamaica v. Town of TownshendSupreme Court of Vermont · 1847
- Graham v. MonserghSupreme Court of Vermont · 1850
3Cited by3 opinions
- Moore v. State ex rel. VernonSupreme Court of Kansas · 1892
- State v. TetreaultSupreme Court of New Hampshire · 1952
- Miller v. WillimottSupreme Court of Vermont · 1963