State Ex Rel. Clements v. Durham's Administrators
Supreme Court of North Carolina
This was a proceeding in bastardy, before DiCK, J., at the last Pall Term of Orange Superior Court. The action was commenced in the County Court, upon notice to the defendants; who are the administrators of the putative father, to show cause why they should not be charged with the maintenance of a bastard child. It was proved that at the time of the examination of the mother, defendants’ intestate, the person charged with being the father, was dead.
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This was a proceeding in bastardy, before DiCK, J., at the last Pall Term of Orange Superior Court. The action was commenced in the County Court, upon notice to the defendants; who are the administrators of the putative father, to show cause why they should not be charged with the maintenance of a bastard child. It was proved that at the time of the examination of the mother, defendants’ intestate, the person charged with being the father, was dead. This cause being shown,"the Court ordered the defendants, as administrators of B. L. Durham, deceased, to be charged with the maintenance of the…
1Opinion of the CourtBattle, J.
The proceedings against the putative father of a bastard child, for the purpose of tain such child, are founded altogether upon our statute law, and must, in every respect, be regulated by it. This law is now contained in the first seven sections of the 12th chapter of the Revised Code. The proceedings which it authorises, are not in the nature of a criminal prosecution, but are police regulations, having for their object indemnity for the county against the burden of maintaining the bastard child. They do not lose their character of being civil" proceedings, even when an issue, is made up,…
2Cited by5 opinions
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