Arsenault v. Carrier

DUFRESNE, Active Retired Justice1

(concurring).

In the summer of 1960, the defendant, Leo Carrier, was prosecuted in a civil complaint for being the father of the prospec*1052tive child of Donna Arsenault, the plaintiff, pursuant to the then existing bastardy statutory provisions (19 M.R.S.A., §§ 251-262). For the sum of seven hundred and fifty ($750.00) dollars, which the present plaintiff acknowledged receiving in full settlement of the case, a docket entry was recorded on August 30, 1960 which read: “Neither party. No further action for same cause, by agreement of counsel.”

The plaintiff, in her…