56 Vt. 589 | Vt. | 1884
The opinion of the court was delivered by
This is a complaint under the statute, to compel the defendant to contribute to the support of his expected illegitimate child. At the second term of the court, the plaintiff claimed the right, under the statute, to discontinue the action without costs, by reason of miscarriage. The defendant claimed that he was not guilty, and claimed costs. At the following term, “ the court ruled that the defendant had the right to a trial whether the plaintiff was with child or not, and ordered the suit discontinued with costs.” The question is, whether the County Court had the right to award costs upon the discontinuance of' the suit, upon the plaintifi’s claim that she had miscarried, or upon the defendant’s claim that she had never been with child. The proceeding and the liability of the putative father, is wholly statutory. As first passed in 1797, there was no provision in the statute in regard to costs either way. This court held that under the statute of 1797, awarding costs on the trial was error. Claflin v. Hubbard, Bray. 38. It is only by force of the stat