Sweet v. Sherman
Supreme Court of Vermont
This was a complaint under the statute in reference to bastardy. Plea, not guilty, and trial by the court, September Term, 1846,— Bennett, J., presiding.- On trial the complainant testified, on cross-examination, that she had no connection with any man except the defendant near the period when the child was begotten, which she alleged was about the twenty seventh of September, 1845, and that she did not suspect her pregnancy, until after that time, and that she never…
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This was a complaint under the statute in reference to bastardy. Plea, not guilty, and trial by the court, September Term, 1846,— Bennett, J., presiding.- On trial the complainant testified, on cross-examination, that she had no connection with any man except the defendant near the period when the child was begotten, which she alleged was about the twenty seventh of September, 1845, and that she did not suspect her pregnancy, until after that time, and that she never communicated it to any one, until after Dr. Sprague called to see her at the house of one Stimpson, where she then lived, on an…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think the motion of the defendant to dismiss his own exceptions is without foundation. The grounds, upon which the motion is based, are, that the plaintiff has intermarried since the case came into this court, and that the husband has neglected to join with the wife in the prosecution of the suit by an entry of their names on the docket of the court, on or before the third day of the term next after the marriage. The statute — Rev. St. 329— provides, that, if a woman shall commence an action, or suit, and marry before final judgment, the…
2Cases cited1 opinion
- State v. RoeSupreme Court of Vermont · 1840
3Cited by10 opinions
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- Stevenson v. Hugh Gunning's EstateSupreme Court of Vermont · 1892
- Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Kometscher v. WadeNebraska Supreme Court · 1964
- State v. TurleySupreme Court of Vermont · 1913
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