Murphy v. Glidden

Decided July 1, 1852

Supreme Judicial Court of Maine · decided 1852-07-01

On Exceptions from the District Court, Rice, J. Complaint under the R. S. chap. 131, for the maintenance of bastard children. The complainant was offered, by her counsel, as a witness to prove the accusation she had made before the magistrate, charging the respondent as the father of her child. She was objected to on the alleged ground, that she had been inconstant in the accusation. There was much testimony offered to the Court, upon that question.

Decided 1852-07-01

¶1The opinion of the Court, Shepley, C. J., Tenney, Howard and Appleton, J. J., was delivered by

Tenney, J.,

¶2orally. —It is urged, by the respondent’s counsel, that exceptions do not lie to the decision of the Judge *198upon a question of fact. As to that position, we have no occasion to express an opinion. For it does not appear what decision he made upon the question of fact, or that he made any.

¶3The fact of the complainant’s constancy or inconstancy to the accusation against the respondent not appearing to have been decided, we are left to an examination of the evidence. The burden of proving the inconstancy is upon the respondent, and we think the evidence does not satisfactorily prove it. Exceptions sustained.