Richmond v. Bowen
Supreme Court of New Hampshire
Review, entered by the defendant, of a proceeding under the bastardy act, prosecuted by the town of Richmond, in which, upon issue joined, a judgment had been rendered, that the defendant was chargeable.
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Review, entered by the defendant, of a proceeding under the bastardy act, prosecuted by the town of Richmond, in which, upon issue joined, a judgment had been rendered, that the defendant was chargeable. A motion to dismiss the review was denied, and the complainant excepted. took the following positions, besides several others which are stated in the opinion of the court: Although the language of the statute — sec. 1, cli. 215, Gen. Stats.— is broad enough to embrace proceedings under the bastardy act, and although a prosecution under this act has been held to be a civil action for certain…
1Opinion of the CourtHibbard, J.
The decision of tliis case depends upon tlie question, whether a proceeding under the bastardy act is a civil action within the meaning of the Gen. Stats., ch. 215, sec. 1, by which it is provided, that “ civil actions in the supreme court, in which an issue has been joined and judgment rendered, except in cases otherwise provided, and such actions in which judgment has been rendered by agreement of parties open to review, may be once reviewed.”
In Marston v. Jenness, 11 N. H. 156, it was decided that a proceeding under the bastardy act is a civil suit; and in Harris v. County of Sullivan, 15…
2Cited by1 opinion
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