Parker v. Nothomb
Nebraska Supreme Court
Error from the district court for Seward county. Action by Lucy Parker, nee Lucy West, against Michael J. Nothomb for bastardy. Tried below before Sornborger, J. The complaint herein made was filed after the marriage of the prosecutrix to one Parker; and the question at issue was whether or not the prosecutrix should be unmarried when she made the complaint as well as when she bore the child. The briefs were full and instructive.
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Error from the district court for Seward county. Action by Lucy Parker, nee Lucy West, against Michael J. Nothomb for bastardy. Tried below before Sornborger, J. The complaint herein made was filed after the marriage of the prosecutrix to one Parker; and the question at issue was whether or not the prosecutrix should be unmarried when she made the complaint as well as when she bore the child. The briefs were full and instructive. But the question is so thoroughly discussed by the learned commissioner that an abstract of the briefs is deemed superfluous.
1Opinion of the Court
Hastings, C.
Only one question is presented in this case, — the construction to be placed upon the opening clause in section 1 of chapter 37, Compiled Statutes, relating to illegitimate children. The provision is “that on complaint made to any justice of the peace in this state by any unmarried woman resident therein, who shall hereafter be delivered of a bastard child, or being pregnant with a child which, if born alive, may be a bastard, accusing on oath or affirmation any person of being the father of said child, the justice shall,” etc. The complaining witness made the following complaint:…
2Cases cited3 opinions
- Mowbry v. MowbryIllinois Supreme Court · 1872
- People ex rel. Wilmers v. VolksdorfIllinois Supreme Court · 1884
- Sisco v. HarmonSupreme Court of Vermont · 1837
3Cited by8 opinions
- Wisconsin Lumber Co. v. Greene & Western Telephone Co.Supreme Court of Iowa · 1904
- Harrington v. HarringtonDistrict of Columbia Court of Appeals · 1958
- State Ex Rel. Crouser v. MercerWest Virginia Supreme Court · 1956
- Gomez v. State Ex Rel. LarezNebraska Supreme Court · 1953
- Smothers v. StateNebraska Supreme Court · 1908
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