State v. . Palin
Supreme Court of North Carolina
Bastardy, tried before Pool, J., at Fall Term 1868, of the Superior Court of Pasquotank. There was an issue made up in the said Court to determine whether the defendant was the father of the bastard child of one Nancy Harvey, with which he stood charged. The jury found in the affirmative; and the solicitor for the State moved for an order of affiliation, which was granted.
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Bastardy, tried before Pool, J., at Fall Term 1868, of the Superior Court of Pasquotank. There was an issue made up in the said Court to determine whether the defendant was the father of the bastard child of one Nancy Harvey, with which he stood charged. The jury found in the affirmative; and the solicitor for the State moved for an order of affiliation, which was granted. He also moved that the defendant be committed into the custody of the Sheriff until he should give bond for the maintainance of said bastard child, in the usual form, according to the act of 1866.. The defendant moved to be…
1Opinion of the CourtSettle, J.
Section 16 of the Declaration of Rights declares that “there shall be no imprisonment for debt in this State except in cases of fraud.”
Is the duty of maintaining a bastard child, imposed by our statute upon the father, such a debt as is contemplated by this provision of the Constitution ? We think not.
It is a police regulation, the object of which is to compel the father of a bastard child to support his own offspring and save the public from the burden of its maintenance.
It is certainly a moral duty resting upon the father to support his offsping, whether they be legitimate or illegitimate;…
2Cited by7 opinions
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State v. Morgan.Supreme Court of North Carolina · 1906
- State v. . RitchieSupreme Court of North Carolina · 1890
- Wooding v. . GreenSupreme Court of North Carolina · 1874
- Phillips v. . TrezevantSupreme Court of North Carolina · 1874
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