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39 Conn. 330

Manion v. Flynn

Supreme Court of Connecticut

Decided October 15, 1872

Supreme Court of Connecticut · decided 1872-10-15

Bastardy complaint. Tlie defendant was bound over by a justice of the peace to the Court of Common Pleas of Fair-field County, and the case tried in that court to the jury on the plea of not guilty, before Brewster, J. After a verdict against him the defendant moved in arrest of judgment on the ground that the town of Danbury, to which the complainant belonged, and to which her child was liable to become chargeable as a. pauper, was interested in sustaining the complaint,…

Cited by 2 later decisions — most recently May 1932

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-10-15

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Paric J.

¶1The town of Danbury was not a party to this proceeding, and was not interested in the result of it, except in a certain contingency, which contingency exists to a greater or less extent in relation to every inhabitant of the town.

¶2It makes no difference in the case that the first selectman of the town gave bonds for prosecution under the belief that the town was prosecuting the suit, when in fact such was not the case.

¶3And even if the, town was interested in the result, it does not appear that the defendant was not aware of the relationship of which he complains, before the jury returned their verdict, in which case there would be no cause for complaint. His want of knowledge is not found. He is bound to show affirmatively that he was ignorant of the fact; that he did not voluntarily take the chances of a favorable verdict with the secret intention of setting it aside should it prove unfavorable to him.

¶4We think the defendant has failed to show any cause for his motion in arrest of judgment.

¶5There is no error in the judgment complained of.

In this opinion the other judges concurred.
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