State v. . Wilson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Catawba County, at the Fall Term 1847, his Honor Judge Pearson presiding. This is a proceeding in bastardy, in which the defendant was charged as the father of a child of Mary Huffman, At his instance an issue was made up, whether the defendant w’as the father of the said bastard child, or not.
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Appeal from the Superior Court of Law of Catawba County, at the Fall Term 1847, his Honor Judge Pearson presiding. This is a proceeding in bastardy, in which the defendant was charged as the father of a child of Mary Huffman, At his instance an issue was made up, whether the defendant w’as the father of the said bastard child, or not. On the trial, the examination of the mother was given in evidence on the part of the State, and therein she charged the defendantto.be the father. On the other side, evidence was then given* that the said Mary and one Lawson Huffman intermarried in 1840., and…
1Opinion of the CourtBoffin, C. J.
It is probably true, that, upon the evidence of access in this case, the law would presume conclusively, that the issue is legitimate. And it is certain, the oath of the wife, by itself, was not sufficient, at com- moil law, to bastardize her issue, so as to exonerate her husband from its maintenance and charge another person with it; and we suppose that the Act of 1814 has not made any change in that respect. But it seems to the Court, that those questions could not be raised in the manner and in the stage of the case, in which they were here brought forward. If they could, we are not…
2Cited by9 opinions
- Wallace v. WallaceSupreme Court of Iowa · 1908
- Ray Ex Rel. Gudger v. RaySupreme Court of North Carolina · 1941
- State v. . BrittSupreme Court of North Carolina · 1878
- State v. BowmanSupreme Court of North Carolina · 1949
- State v. LilesSupreme Court of North Carolina · 1904
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