2 Blackf. 42 | Ind. | 1827
This was a motion by Ferguson, in the Circuit Court, for judgment against Charles fy William Harrington. There was no process nor pleadings; and, of course, there is no description on the record, by the plaintiff, of his cause of action. It appears, by a bill of exceptions, that Ferguson produced an order of the same Court of September term, 1818, against Charle? Harrington, to the following effect: That he was the father of a bastard child; that he should pay the mother 30 dollars in 30 days; and pay annually for the six succeeding years, 20 dollars, as the Court should direct, for the maintenance of the child, and enter into recognizance, with surety, for the performance of the order. It appears further, that a recognizance was entered into by William Harrington. The Circuit Court, upon this motion, with this order before them, gave judgment against Charles Harrington, the putative father, and William Harrington, the recognizor, for 120 dollars, the amount of the annual payments mentioned in the order.
The mode of proceeding in cases of bastardy, until tbe order by the Court of filiation and bastardy, is stated in Woodkirk v. Williams, Nov. term, 1820
The judgment is reversed with costs.
Vol. I. of these Rep. 110.