State ex rel. Yilek v. Jehlik
Supreme Court of Kansas
Error from Republic district court; Hugh Alexander, judge. STATEMENT. This was a bastardy proceeding, brought by Anna Yilek, an imbecile, against Jacob Jehlik, who was mentally unsound and under guardianship. Her name was attached to a complaint charging him with being the father of her bastard child, on which the warrant was issued. He was arrested and brought before the magistrate, where a hearing was had and a decision made that defendant was the father of the child.
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Error from Republic district court; Hugh Alexander, judge. STATEMENT. This was a bastardy proceeding, brought by Anna Yilek, an imbecile, against Jacob Jehlik, who was mentally unsound and under guardianship. Her name was attached to a complaint charging him with being the father of her bastard child, on which the warrant was issued. He was arrested and brought before the magistrate, where a hearing was had and a decision made that defendant was the father of the child. The proceedings and papers were certified to the district court, where a trial was had, resulting in a finding that the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, G. J. :
The controlling question presented here is, May an unmarried woman, who is an imbecile and incompetent to testify, institute a bastardy proceeding ? The proceeding' is purely statutory, and, being somewhat penal in its character and procedure, the statutory requirements must be strictly followed. The common law adds nothing to the right of action, and the only methods of enforcing it are those prescribed, or warranted, by the statute conferring the right. The general provisions of the civil and criminal codes cannot be applied except…
2Cases cited3 opinions
- Willetts v. JeffriesSupreme Court of Kansas · 1870
- State ex rel. Bales v. BakerSupreme Court of Kansas · 1902
- In re ParkerSupreme Court of Kansas · 1890
3Cited by10 opinions
- Arias v. SpringerNew Mexico Supreme Court · 1938
- Huss v. DeMottSupreme Court of Kansas · 1974
- Poole v. FrenchSupreme Court of Kansas · 1905
- Lee v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1903
- In re BolmanSupreme Court of Kansas · 1930
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