White v. Washington (State Report Title: Waite v. Washington)

• Decision Date: 19 October 1880
• Citation: 44 Mich. 388,6 N.W. 874
• Court: Michigan Supreme Court
• Parties: WHITE v. WASHINGTON, Sheriff, etc. [*]

6 N.W. 874

44 Mich. 388

WHITE v. WASHINGTON, Sheriff, etc. ^[*]

Supreme Court of Michigan

October 19, 1880

Bastardy proceedings are for the benefit and protection of the public, and the expense of imprisonment of the putative father, for failure to give the required security, must fall on the public.

Mandamus to compel respondent to imprison a person convicted under the bastardy act on complaint of the relator.

MARSTON, C.J.

The primary object contemplated by the statute in proceedings under the bastardy act is the protection of the public against all possible danger of being obliged to support the child. With this object in view the father is required to contribute to its support, and to insure compliance, security is required and imprisonment to compel the giving thereof. Such proceedings being for the benefit and protection of the public, the expense of the imprisonment must fall upon the people and not upon the mother of the child. This is the only correct conclusion that can be arrived at under the legislation and late decisions in this state. It follows that the writ must issue.

(The other justices concurred.)

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Notes:

^[*] State Report Title: Waite v. Washington

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