From Casetext: Smarter Legal Research

Ford v. Smith

Supreme Court of New Hampshire Hillsborough
Dec 1, 1882
62 N.H. 419 (N.H. 1882)

Opinion

Decided December, 1882.

A complaint under the bastardy act may be amended.

COMPLAINT, under the bastardy act, alleging that the child was begotten in Tyngsborough, Mass. The plaintiff moves for leave to amend, by alleging that it was begotten in Hudson, in this county. The defendant moves that the complaint be dismissed.

H. B. Atherton, for the plaintiff.

G. B. French, for the defendant.


The complaint is a civil suit, and any amendment may be made which is necessary to prevent injustice. G. L., c. 226, ss. 8, 9; Laws 1879, c. 7; Marston v. Jenness, 11 N.H. 156, 160; Little v. Dickinson, 29 N.H. 56, 60, Stebbins v. Lancashire Ins. Co., 59 N.H. 143. The question whether the complaint is defective by reason of the allegation that the child was begotten in another jurisdiction is not considered. The motion to dismiss is denied.

Amendment allowed.

STANLEY, J., did not sit: the others concurred.


Summaries of

Ford v. Smith

Supreme Court of New Hampshire Hillsborough
Dec 1, 1882
62 N.H. 419 (N.H. 1882)
Case details for

Ford v. Smith

Case Details

Full title:FORD v. SMITH

Court:Supreme Court of New Hampshire Hillsborough

Date published: Dec 1, 1882

Citations

62 N.H. 419 (N.H. 1882)

Citing Cases

State v. Tetreault

This question has never been decided in this court. See Ford v. Smith, 62 N.H. 419. Its determination depends…

State v. Saunders

The object of the statute is to compel the defendant to indemnify the public and the mother of the child…