Shear v. Mallory

Although, sopie cases, an ’ISpwiffon* lonslderatjon6 jromh*f “hlud paítyl’u^whosE Si7ewasemade, iter The’eonsL from «fe p°ainpfáe^Lmádg jo frim, or for aetionPPPcannot ^e?fer^|rs df g&óTwS» *" |hJrpwation.DS

fH BKBOR,.On eer/i.órarí-to a iustice’s-court, ‘ , ' Tfié’ defendant^ in error; who were plaintiffs in the court below, brought an- action against the plaintiff in error,.on-.a.prbmisff alleged to have been made -by’him, for; the maintenance of% bastard child, born of the body of his daughter. It appeared, op the trial, that the defendant below -had taken- 'out a warrant against the putative father of the bastard child, and that, when he was arrested, the defendant settled with him,, and- took his note,’ and no further proceedings appear to have been had 4 • • t i i i . , agains^ tpeputative1 father* . It also appeared^ that the defend-at-sevefal times, acknowledged that' he hád-to- máint-am Í&P child, and that he hád promised one Hogcboom, who- had married the mother of the child, that if he-would give up (lie property which the defendant had-given the mother, he, the de-' fendant, would maintain the child;-and that Ifogeboom did give Up1 the property,' The1.: overseers had expended more than pwenty-fiye dollars jn the support of the-child. Judgment was l^yea-in JfMow. fer iba -defe^dafits’ i® ■