Shows v. Solomon
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw. Heard before the Hon. John P. Hubbard. The record in this case shows these facts : In a prosecution for bastardy instituted against John W. E. Kelly, he failed to appear at the trial term of the Circuit Court, to which the case had been removed, and thereupon a conditional judgment was rendered against him and the sureties on his bond; and this judgment, for $500, was made final on the 20th September, 18S0. The sheriff afterwards…
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Appeal from the Circuit Court of Crenshaw. Heard before the Hon. John P. Hubbard. The record in this case shows these facts : In a prosecution for bastardy instituted against John W. E. Kelly, he failed to appear at the trial term of the Circuit Court, to which the case had been removed, and thereupon a conditional judgment was rendered against him and the sureties on his bond; and this judgment, for $500, was made final on the 20th September, 18S0. The sheriff afterwards collected'the money under execution, and paid it over to Solomon,the.county treasurer. At a special term of the County…
1Opinion of the Court
STONE, C. J. —
Proceedings in bastardy are said to be quasi-criminal, but they are not strictly so. In their nature, they partake somewhat of the qualities of a civil suit, and, to some extent, of a criminal prosecution.—State, ex rel. v. Hunter, 67 Ala. 81; Dorgan v. State, 72 Ala. 173; Smith v. State, 73 Ala. 11. Maintenance and education of illegitimate offspring, born or to be born, are its purposes and policy. It is instituted by affidavit and warrant of arrest; preliminary investigation is had before a committing magistrate, and the case is sent up to the Circuit Court for trial, if the…
2Cases cited3 opinions
- Smith v. StateSupreme Court of Alabama · 1882
- Dorgan v. StateSupreme Court of Alabama · 1882
- State ex rel. Washington v. HunterSupreme Court of Alabama · 1880
3Cited by3 opinions
- Bell v. StateSupreme Court of Alabama · 1899
- Banks v. MobleyAlabama Court of Appeals · 1912
- Marker v. StateAlabama Court of Appeals · 1932