Legal Opinion

Simmons v. Bull

Supreme Court of Alabama

Decided June 15, 1852PublishedCited by 19 opinions

Error to the Chancery Court of St. Clair. Heard before the Hon. E. D. TowNes. This bill was filed by the plaintiff in ■ error, by his next friend, against the defendant.

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Error to the Chancery Court of St. Clair. Heard before the Hon. E. D. TowNes. This bill was filed by the plaintiff in ■ error, by his next friend, against the defendant. It alleges, that the complainant, an infant, is a bastard, begotten by the defendant, and that he had removed beyond the limits of this State, in order to avoid the statutory liability for its support, leaving property of value in this State, out of which the bill prays that provision may be made for the complainant’s support. The Chancellor dismissed the bill for want of equity, and his decree is now assigned for error. The…

1Opinion of the CourtChilton, J.

— This was a bill filed by an infant by its next friend, charging that it was a bastard, begotten by the defendant, who, to avoid the statutory liability for its support, has removed beyond the jurisdiction of this State, leaving property belonging to him in the county of St. Clair. The bill prays that publication may be made, and tlqit provision *504may be made for the support of the infant ont of tbe property of the defendant. The Chancellor dismissed the bill for want of equity.

At the common law, a bastard was said to be filius nullius. His natural father may die 'never so rich, and he may be…

2Cases cited1 opinion

  1. Moncrief v. ElyNew York Supreme Court · 1838

3Cited by19 opinions

  1. C.C. v. A.B.Massachusetts Supreme Judicial Court · 1990
  2. McDonald v. Pittsburgh, Cincinnati, Chicago & St. Louis R'y Co.Indiana Supreme Court · 1896
  3. Cc v. AbMassachusetts Supreme Judicial Court · 1990
  4. Law v. StateSupreme Court of Alabama · 1939
  5. Lewis v. CrowellSupreme Court of Alabama · 1923

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