State Ex Rel. Applewhite v. Hales
Supreme Court of North Carolina
This was a proceeding in bastardy, in which the defendant put in a special plea to the jurisdiction, and the following: «ase agreed was submitted to his Honor, Olabke, J., at the Fall Term, 1870, of Wayne Superior Court. The relator, Narcissa Applewhite, at the date of the warrant, had been it resident of Wayne county for only six months, she having previously resided and had her domicil in the county of Wilson.
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This was a proceeding in bastardy, in which the defendant put in a special plea to the jurisdiction, and the following: «ase agreed was submitted to his Honor, Olabke, J., at the Fall Term, 1870, of Wayne Superior Court. The relator, Narcissa Applewhite, at the date of the warrant, had been it resident of Wayne county for only six months, she having previously resided and had her domicil in the county of Wilson. After the issuing of the said warrant she continued to reside in the county of Wayne until the birth of her child, which took place more than twelve months after her residence in the…
1Opinion of the CourtBodman, J.
The defendant objects that the Justice of the Peace, when he issued his warrant in April, 1869, requiring the relator to appear before him, &c., did not have jurisdiction, because the relator, not having resided for twelvemonths in Wayne county, had acquired no settlement there. He contends that the subsequent birth of the child after a settlement did not validate the previous unauthor 3zed proceeding. Tlie language of the statute (Rev. Code, chap. 12, sec. 1,) furnishes an answer to this objection: u Any Justice of the Peace, upon his own knowledge, or information made to him that any single…
2Cases cited1 opinion
- State v. . ElamSupreme Court of North Carolina · 1868
3Cited by1 opinion
- Wooding v. . GreenSupreme Court of North Carolina · 1874