6 Conn. 35 | Conn. | 1825
The question is, whether the paupers are settled in Southbridge, where they were born, or in Woodstock, where their mother was then settled. By the common law, a bastard is nullius filius, and derives nothing from his parents ; for he has no parents ; and is settled where born. 1 Bla. Comm. 485. But it has been discovered in this state, that a bastard is the child of his mother, and capable of inheriting estate, and deriving a settlement from her. Brown v. Dye, 2 Root 280. Heath v. White, 5 Conn. Rep. 228. Canaan v. Salisbury, 1 Root 155. By the statute of Massachusetts, passed in 1793, chap. 33. sec. 2., “printed by authority,” whereof we are bound to take notice judicially,
In Canaan v. Salisbury, 1 Root 155. it was decided, by the superior court, that “ a bastard is settled with her mother; and
I advise a new trial.
New trial to be granted.
Stat. Conn. 48, tit. 2. sect, 50.