State ex rel. Patterson v. Pickering
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. WiEiam G. Rice, Judge. Proceedings by the State, on the relation of Florence Patterson, against Emery D. Pickering, to compel defendant to support, etc., his alleged illegitimate child. From a judgment for plaintiff, defendant appeal's.
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Appeal from Circuit Court, Lawrence County. Hon. WiEiam G. Rice, Judge. Proceedings by the State, on the relation of Florence Patterson, against Emery D. Pickering, to compel defendant to support, etc., his alleged illegitimate child. From a judgment for plaintiff, defendant appeal's. In searching the reports one finds that many of the courts have held bastardy proceedings to be civil; 'but upon examining the opinions and the statutes a great difference is found to exist, and some statutes specifically state that the proceedings shall be civil. Thus owing to the variance in the several…
1Opinion of the CourtWhiting, J.
[1] This was an action brought under chapter 37 of the Code of Civil Procedure, known as the basta-rdy statute charging defendant with being the father of the illegitimate child of one Florence Patterson, and seeking a judgment requir*213mg such defendant -to contribute to the support of such -child. The action was brought more than three years and less than six years after the birth of such child. The defendant pleaded the bar bf the statute of limitations, claiming -that section 86 of the Code of Criminal Procedure, 'as amended by chapter 129, Raws 1907, applies to an action under s-aid chapter…
2Cases cited7 opinions
- Hinman v. TaylorSupreme Court of Connecticut · 1817
- In re WalkerNebraska Supreme Court · 1901
- State ex rel. Berge v. PattersonSouth Dakota Supreme Court · 1904
- Robie v. McNieceSupreme Court of Vermont · 1835
- Gray v. FolsomeSupreme Court of Vermont · 1835
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. JohnsonSupreme Court of Minnesota · 1944
- State v. NewmanOregon Supreme Court · 1923
- Dicks v. United StatesDistrict of Columbia Court of Appeals · 1950
- Territory of Hawaii v. LanierHawaii Supreme Court · 1953
- State Ex Rel. Stearns v. BlumeSouth Dakota Supreme Court · 1983
10 more not listed; retrieve them via the Exa API.