State v. . Bryan
Supreme Court of North Carolina
PROCEEDING in Bastardy, heard at January Special Term, 1880, of Waice Superior Court, before Avery, J. This proceeding was commenced before a justice of the peace to subject the defendant to the maintenance of an -illegitimate child, charged to have been begotten by him upon the body of one Jenny Green.
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PROCEEDING in Bastardy, heard at January Special Term, 1880, of Waice Superior Court, before Avery, J. This proceeding was commenced before a justice of the peace to subject the defendant to the maintenance of an -illegitimate child, charged to have been begotten by him upon the body of one Jenny Green. The case was tried by a jury in a justice’s court, and the defendant was found by the verdict of the jury to be the father of the child, and he was fined ten dollars and adjudged to pay the mother of. the child fifty dollars and the costs of the proceeding, from which judgment he appealed to…
1Opinion of the CourtAshe, J.
There is error.- In the first place the defendant should, not have been allowed to take tire oath of insolvency without remaining in prison for the space of twenty days. The solicitor had no right to consent to his discharge,- and the judge n-o power to dispense with the imprisonment. See Bat. Rev., ch. 60; §§. 26-31; Acts 1875, ch. 11; State v. Davis, 82 N. C., 610.
The. motion of the solicitor to eharge'the county with the” fine of fifty dollars to-be paid to the mother of the child for - its maintenance, was a novel proposition. If the putative-father was unable to give the bond for the…
2Cases cited1 opinion
- State v. . DavisSupreme Court of North Carolina · 1880
3Cited by8 opinions
- State v. . BurtonSupreme Court of North Carolina · 1893
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State v. Giles.Supreme Court of North Carolina · 1889
- State v. LilesSupreme Court of North Carolina · 1904
- State v. . LilesSupreme Court of North Carolina · 1904
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