Legal Opinion

Gray v. Folsome

Supreme Court of Vermont

Decided March 15, 1835PublishedCited by 7 opinions

Debt on recognizance. One Jefferson Leavitt being brought before a justice of the peace, to answer a complaint of the plaintiff for bastardy, these defendants became recognized for his appearance before the county court in that prosecution. The recognizance was conditioned in due form, as directed by statute. Leavitt Xvas ultimately adjudged chargeable, and ordered to pay ,a certain sum by'instalments, with the costs of prosecution.

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Debt on recognizance. One Jefferson Leavitt being brought before a justice of the peace, to answer a complaint of the plaintiff for bastardy, these defendants became recognized for his appearance before the county court in that prosecution. The recognizance was conditioned in due form, as directed by statute. Leavitt Xvas ultimately adjudged chargeable, and ordered to pay ,a certain sum by'instalments, with the costs of prosecution. To the present action the defendants pleaded in bar as follows: In this cause the defendants come and defend the wrong and injury where, &c., and say the…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

This case comes before us on special demurrer to the defendants plea in bar. The declararán is in common form on a recognizance entered into by these defendants, for the appearance of Jefferson Leavitt to answer a prosecution by the plaintiff for bastardy. It gives a history of that prosecution, including the order of filiation, and negates a performance of the condition of the recognizance by Leavitt, as well in reference to that order, as in *456°^ier particulars. Tiie defendants pleaded a surrender of Leavitt in court, pending the prosecution.

A…

2Cases cited1 opinion

  1. Mather v. ClarkSupreme Court of Vermont · 1827

3Cited by7 opinions

  1. Turner v. WilsonIndiana Supreme Court · 1875
  2. In re WalkerNebraska Supreme Court · 1901
  3. State ex rel. Patterson v. PickeringSouth Dakota Supreme Court · 1912
  4. McGarry v. StateSupreme Court of Kansas · 1887
  5. Towns v. HaleMassachusetts Supreme Judicial Court · 1854

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