Overseers v. Ely
New York Supreme Court
This is an action of debt brought upon an order of filiation, in which the defendant was adjudged to pay to the plaintiffs the sum of $20, the amount of expense for the lying in of Jane Moncrief, he being the reputed father of her bastard child, and the further sum of fifty-six cents per week for the support of said child, and to indemnify the county, &c.; payable weekly.
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This is an action of debt brought upon an order of filiation, in which the defendant was adjudged to pay to the plaintiffs the sum of $20, the amount of expense for the lying in of Jane Moncrief, he being the reputed father of her bastard child, and the further sum of fifty-six cents per week for the support of said child, and to indemnify the county, &c.; payable weekly. The order bears date, July 1, 1828. The overseers had heretofore recovered the sum in gross, and the weekly allow- ' anee down to the 3d April, 1828; and this action is brought to recover the weekly sum from that date down…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
1. It has been repeatedly
determined by this court that the order of filiation adjudging the bastard child chargeable to the town, or county, and fixing the weekly allowance to be paid by the putative father, is conclusive upon him, unless reversed or modified on appeal; and that»the onus lies on him to show that he has been legally discharged from the obligation. (Wallsworth v. Mead, 9 Johns., 367; Rockfeller v. Donnelly, 8 Cow., 633; The People v. Corbet, 8 Wend., 520; 1 R. S., 651, § 48.)
The fact that the town, or county, has not been subjected to expense proves…
2Cases cited3 opinions
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Wallsworth v. MeadNew York Supreme Court · 1812
- People v. Corbett & EastonNew York Supreme Court · 1832