Austin v. Pickett
Supreme Court of Alabama
Writ of Error to the County Court of Lawrence. Information for bastardy against Austin, at the relation of Mary Ann Brooks.
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Writ of Error to the County Court of Lawrence. Information for bastardy against Austin, at the relation of Mary Ann Brooks. The caption states the examination before a justice of the peace of Lawrence county, to be of Mary Ann Brooks, single woman, taken upon oath, the 3d of September, 1841. She declared that on the 8th of August, then last past, she was delivered of a female bastard child, and that William Austin of the said county did get her with child of the said bastard child. On this a warrant was issued against Austin, and after his arrest, and the examination of the complainant, he…
1Opinion of the CourtGoldthwaite, J.
1. In Trawick v. Davis, we held that proceedings of this nature ought not to be scanned with great strictness, and though in this case they are somewhat informal, yet we think there is no sufficient error to reverse the judgment. If the concession is made that, under the sta*105tute, the complaint can only be made by a single woman, it sufficiently appears that the relator here was such at the time of its exhibition.' ' '
2. There is only one aspect in which the marriage of the relator could be material, as we are clear that the proceedings ought to go on against the defendant, notwithstanding…
2Cited by8 opinions
- Smith v. StateSupreme Court of Alabama · 1882
- Dorgan v. StateSupreme Court of Alabama · 1882
- Laney v. StateSupreme Court of Alabama · 1895
- William H. T. v. State ex rel. M. C.Supreme Court of Florida · 1882
- State Ex Rel. Crouser v. MercerWest Virginia Supreme Court · 1956
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