Legal Opinion

State ex rel. Zehntner v. Tipton

Montana Supreme Court

Decided November 8, 1894PublishedCited by 5 opinions

Appeal from Sixth Judicial District, Meagher County. Bastaedy proceeding. The cause was tried before Heney, J. Defendant had judgment below.

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Appeal from Sixth Judicial District, Meagher County. Bastaedy proceeding. The cause was tried before Heney, J. Defendant had judgment below. Statement of the case by the justice delivering the opinion: This is a proceeding brought under chapter 11 of the General Laws, entitled “Bastards,” seeking to charge respondent with the paternity of the bastard child of relator, and for the relief provided in said chapter 11. On a trial in the district court verdict and judgment were for defendant. Pelatrix appeals from the judgment. Her counsel allege in their brief two errors, saved by bill of…

1Opinion of the CourtDe Witt, J.

— The first alleged error is stated in the bill of exceptions as follows: “After having introduced testimony tending to prove that the prosecuting witness or plaintiff did, on the twenty-fourth day of May, 1893, at the county of Meagher, state of Montana, of which state she was a resident, give birth to a male child; that the child at the time of the trial was alive, and was a bastard; that at the time of the conception, and at the time of the birth of said child, and at the time of the trial, she was an unmarried woman; that the defendant was the father of said child; that defendant had had…

2Cases cited2 opinions

  1. Robbins v. SmithSupreme Court of Connecticut · 1879
  2. Beals v. FurbishSupreme Judicial Court of Maine · 1855

3Cited by5 opinions

  1. Parmenter v. Ray, County JudgeSupreme Court of Oklahoma · 1916
  2. Wastl v. Montana Union RailroadMontana Supreme Court · 1895
  3. State v. SpencerSupreme Court of Minnesota · 1898
  4. People ex rel. Weese v. WelchAppellate Court of Illinois · 1908
  5. Evans v. State ex rel. FreemanIndiana Supreme Court · 1905

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