Dally v. Overseers of Woodbridge
Supreme Court of New Jersey
On Certiorari to the Sessions of Middlesex. This Certiorari brought up an order of filiation by two Justices of Middlesex, affirmed on appeal in the court below made against the plaintiff, for the support of the illegitimate child of Susan Harned, of which she had been delivered on the 18th day of March, 1844. The evidence before the sessions appeared in a state of the case agreed upon by the counsel of the respective parties, but it is unnecessary to state it, as the…
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On Certiorari to the Sessions of Middlesex. This Certiorari brought up an order of filiation by two Justices of Middlesex, affirmed on appeal in the court below made against the plaintiff, for the support of the illegitimate child of Susan Harned, of which she had been delivered on the 18th day of March, 1844. The evidence before the sessions appeared in a state of the case agreed upon by the counsel of the respective parties, but it is unnecessary to state it, as the grounds of the decision sufficiently appear in the opinion delivered. On the trial before the sessions it was proved that Mr.…
1Opinion of the Court
The opinion of the court was delivered by
Carpenter, J.
We are of opinion upon both grounds taken, that the orders below cannot be supported.
1. It does not appear in proof in any part of the case where the birth took place, and of consequence there is no evidence that the child was born in the township of Woodbridge, which is necessary to support the proceeding. It appears, by the testimony of the mother, that she was delivered at the house of her step-father, James Tanner, but it does not appear in evidence, so far as I can discover, where the house of the father is situate. It does not even…
2Cases cited3 opinions
- Humphrey v. HumphreySupreme Court of Connecticut · 1828
- Fowler v. Ætna Fire Insurance Co.New York Supreme Court · 1827
- Sweet v. Overseers of the Poor of ClintonNew York Supreme Court · 1808
3Cited by5 opinions
- F. v. M.New Jersey Superior Court Appellate Division · 1967
- State v. WeissNew Jersey Superior Court Appellate Division · 1951
- G. v. C.New Jersey Superior Court Appellate Division · 1978
- State Ex Rel. Acorman v. PitnerNew Jersey Superior Court Appellate Division · 1963
- G. v. C.New Jersey Superior Court Appellate Division · 1978