Judge of the Co. Ct. v. Kerr
Supreme Court of Alabama
Error to the County Court of Limestone. It is insisted that under our statute wherever the child will by law be deemed a bastard, the mother may make the complaint. The 6 Geo. 2, c. 31, to-be found on page 99, 2d vol. (new edit.) of Bacon’s Abridgment, uses the precise language of our statute: “Any single woman,” &c.
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Error to the County Court of Limestone. It is insisted that under our statute wherever the child will by law be deemed a bastard, the mother may make the complaint. The 6 Geo. 2, c. 31, to-be found on page 99, 2d vol. (new edit.) of Bacon’s Abridgment, uses the precise language of our statute: “Any single woman,” &c. Under that statute the English Courts have dccided that a married woman may make the statutory complaint. — King v. Luffe, 8 East. 193. The case cited from 8 East. 193, is similar to this case, and shows the error of the court. The statute against bastardy is penal in its…
1Opinion of the CourtDargan, C. J.
Mary R. Simpson filed a complaint before Alexander Russell, a justice of the peace of Limestone county, in which she charged that she had been delivered of a bastard child and that James H. Kerr was its father. A warrant issued on her complaint and Kerr entered into bond with security to appear before the County Court at the next term, and to abide and perform the order and decree that might be made by the court. An issue was made up and submitted to a jury to try the fact whether the defendant was the father of the bastard child; upon the trial of which it appeared that Mary It. Simpson was…
2Cases cited1 opinion
- Pruitt v. Judge of the Co. CourtSupreme Court of Alabama · 1849
3Cited by6 opinions
- State ex rel. Washington v. HunterSupreme Court of Alabama · 1880
- Paulk v. StateSupreme Court of Alabama · 1875
- Grantland v. StateAlabama Court of Appeals · 1913
- Bishop v. State Ex Rel. GarnetteSupreme Court of Florida · 1939
- State v. PalmerCourt of Civil Appeals of Alabama · 1983
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