Thomas v. Cook

This is an action of bastardy brought by the appellee against the appellant under Sections 383-398, Code of 1942. On the trial in the circuit court she obtained a substantial judgment against the appellant, from which this appeal is prosecuted.

A peremptory instruction was granted in favor of the appellee by the lower court, and this action of the court is the basis of the first assignment of error argued. Counsel seems to contend that a peremptory instruction is never proper in a case of this nature because the *463action is quasi criminal’ and the issue must be passed upon by a jury. In the case…