Gordon v. Amidon
Supreme Court of Vermont
Prosecution for bastardy. Plea not guilty, and issue joined thereon. Trial by the court at the June Term, 1862, Kellogg, J., presiding, and judgment rendered for the defendant, — to which exceptions were taken. The facts of the case sufficiently appear in the opinion of the court. When the marriage took place the complaint was dead. It was in the wife’s name; there was no longer any complainant to prosecute, — no Nancy Gordon in being, — no bastardy, and no bastard child.
Read the full summary
Prosecution for bastardy. Plea not guilty, and issue joined thereon. Trial by the court at the June Term, 1862, Kellogg, J., presiding, and judgment rendered for the defendant, — to which exceptions were taken. The facts of the case sufficiently appear in the opinion of the court. When the marriage took place the complaint was dead. It was in the wife’s name; there was no longer any complainant to prosecute, — no Nancy Gordon in being, — no bastardy, and no bastard child. The child was rendered legitimate by the marriage. C. S. 365, § 5. The child being born before the commencement of the…
1Opinion of the CourtPeck, J.
This complaint for bastardy under the statute commenced in the name of the mother charges the defendant with being the father of a bastard child of which she was delivered March 31, 1860. The complainant being an inhabitant of the town of Winhall, the overseer of the poor of that town commenced the proceeding on the 10th of April, 1860, in the name of the mother, she having, signed and sworn to the complaint in usual form. The overseer at the time of the commencement of the proceeding filed with the justice a certificate under his hand of his intention to prosecute the complaint and control…
2Cited by1 opinion
- Eagan v. BergenSupreme Court of Vermont · 1884