State v. . McDonald
Supreme Court of North Carolina
Appeal from Lyon, J., at October Term, 1909, of EobbsoN. Proceedings in bastardy under the statute, heard' on appeal from a justice’s court. The plaintiff filed affidavit in due form as prescribed by the statute appertaining to such cases, and on the hearing before the justice of the peace the issue as to the paternity of the child was found against the defendant.
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Appeal from Lyon, J., at October Term, 1909, of EobbsoN. Proceedings in bastardy under the statute, heard' on appeal from a justice’s court. The plaintiff filed affidavit in due form as prescribed by the statute appertaining to such cases, and on the hearing before the justice of the peace the issue as to the paternity of the child was found against the defendant. Appeal having been duly taken from the judgment rendered on the trial in the Superior Court, the plaintiff offered in evidence her affidavit which had been formally filed by plaintiff. Defendant, a witness in his own behalf, denied…
1Opinion of the Court
Hoke, J.,
after stating the case: It is now established tbat under our statute on tbe subject, Revisal 1905, sec. 8, a prosecution of this character is a civil proceeding to enforce a police regulation. S. v. Addington, 143 N. C., p. 683; S. v. Liles, 134 N. C., p. 735. There was a time, from 1894 to 1904, when tbe Court held, reversing its former ruling on tbe subject, tbat a bastardy proceeding under tbe statute was in tbe nature of a criminal prosecution, a position which provoked vigorous protest from two of the Associate Justices, expressed in a strong dissenting opinion of tbe present…
2Cases cited10 opinions
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- State v. . MitchellSupreme Court of North Carolina · 1896
- State v. . RogersSupreme Court of North Carolina · 1878
- Fraley v. . FraleySupreme Court of North Carolina · 1909
- State Ex Rel. Biggs v. BennettSupreme Court of North Carolina · 1876
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3Cited by11 opinions
- State v. . RandallSupreme Court of North Carolina · 1915
- State ex rel. Robertson v. New England Furniture & Carpet Co.Supreme Court of Minnesota · 1914
- State v. . SmithSupreme Court of North Carolina · 1911
- State v. SmithSupreme Court of North Carolina · 1911
- Blue Ridge Land Co. v. FloydSupreme Court of North Carolina · 1916
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