
    Rockfeller v. Donelly, 8 Cow. 727.
    
    In S. Ct. 4 Cow. 253.
    
      Evidence against Sureties in Bastardy Bond; Damages..
    The Supreme Court held in this case, that an action on a bond given by a putative father and his sureties to the overseers of the poor, to indemnify the town against the maintenance of a bastard child, will not lie unless the overseers show that they have been damnified by an actual payment of money or other disbursement in support of the child, and that a mere liability to maintain the child is not sufficient.
    2. That an order of filiation against the putative father charging him with a weekly payment of money, or payment of money for past expenses, &c., is not admissible evidence in support of such an action.
    The Court of Errors (Jones, Chancellor, delivering an elaborate opinion,) reversed the judgment of the Supreme Court, and held,
    1. That a bond to indemnify a town concerning a bastard child, given pursuant to the statute, (1 R. L. 306,) is broken, and an action may be maintained upon it as soon as the town becomes liable or bound to maintain the child.
    
    2. That the action may be maintained upon it without actual disbursement, advance or payment by the town; and
    3. That the order of filiation and maintenance, made in pursuance of the first section of the act, against the putative father, is per se, conclusive evidence to sustain the action, even against the sureties, and may be used to fix the amount of damages.
    
   Judgment reversed.  