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62 N.H. 419

Ford v. Smith

Supreme Court of New Hampshire

Decided December 5, 1882

Supreme Court of New Hampshire · decided 1882-12-05

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.

Relies on Stebbins v. Lancashire Ins. · Marston v. Jenness · Little v. Dickinson

Decided 1882-12-05

Carpenter, J.

¶1 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; Stebhins 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.

¶2 Amendment allowed.

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