Seale v. McClanahan
Supreme Court of Alabama
Error to tbe Court of Probate of Sbelby. This was a proceeding against tbe plaintiff in error, as the putative father of a bastard child. It appears that tbe mother, Lamantha Music, went before a justice of tbe peace for Sbelby county, on tbe 7th day'of May, 1850, and made oath that she was then with child; that it was likely to be born a bastard, and that James Seale, the present plaintiff in error, was tbe father of said child.
Read the full summary
Error to tbe Court of Probate of Sbelby. This was a proceeding against tbe plaintiff in error, as the putative father of a bastard child. It appears that tbe mother, Lamantha Music, went before a justice of tbe peace for Sbelby county, on tbe 7th day'of May, 1850, and made oath that she was then with child; that it was likely to be born a bastard, and that James Seale, the present plaintiff in error, was tbe father of said child. Thereupon, tbe said justice issued bis warrant, caused tbe said Seale to be apprehended and brought before him, who entered into bond in the penalty of five hundred…
1Opinion of the CourtChilton, J.
— In this case, tbe only point of difficulty arises upon tbe construction of tbe second section of tbe bastardy act, found in Clay’s Digest 134, wbicb requires tbe justice of tbe peace, before whom complaint may be made that any one is the father of a bastard child by a single woman, on sufficient cause appearing, “tobind such person, so accused, in bond, with good and sufficient security, to be and appear before tbe next County Court to be holden for said county, and in the mean time to be of good behavior.” Tbe third section declares, that the County Court aforesaid, at its next term, shall…
2Cases cited1 opinion
- Trawick v. DavisSupreme Court of Alabama · 1842
3Cited by2 opinions
- Moore c. McGuireSupreme Court of Alabama · 1855
- State v. SullivanSupreme Court of Rhode Island · 1878