Cheesborough v. Baldwin
Supreme Court of Connecticut
EeRoe to reverse a judgment of the County Court, in a prosecution of Baldwin and wife v. Oheesborough, for the maintenance of a bastard child, bom before her intermarriage with said Baldwin. To this complaint the defendant demurred and took the following exceptions, viz. 1st. It doth not appear in what county the child was born. 2d.
Read the full summary
EeRoe to reverse a judgment of the County Court, in a prosecution of Baldwin and wife v. Oheesborough, for the maintenance of a bastard child, bom before her intermarriage with said Baldwin. To this complaint the defendant demurred and took the following exceptions, viz. 1st. It doth not appear in what county the child was born. 2d. That the prosecutors, since said complaint has been in court, by the permission of the court, have made a supplement to it, by inserting in it that she accused him in the time of her travail, and had been constant in her accusation. 3d. That the husband and wife…
1Opinion of the Court
Root, J.,
dissented from the opinion of the court with respect to the husband’s right of joining with the wife in a prosecution for maintenance. The reason given against it is, that the husband is not bound to maintain such child. Admit this to be true; yet if he will voluntarily prosecute with his wife and recover maintenance, he will be bound to maintain it — otherwise the child must become a public charge. But the mother is obliged to maintain her child, and,the husband marries her charged with that incumbrance, while a nurse child; he also married her invested with a right of action for…
2Cited by1 opinion
- People v. WingMichigan Supreme Court · 1898