Wimberly v. State
Supreme Court of Arkansas
Appeal from Montgomery Circuit Court; James S. Steel, Judge; 1. The evidence of Mann was not admissible. Bastardy is a civil action, and his deposition could have been taken.
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Appeal from Montgomery Circuit Court; James S. Steel, Judge; 1. The evidence of Mann was not admissible. Bastardy is a civil action, and his deposition could have been taken. Kirby’s Dig. § 3157. His previous testimony .could have been used, if the accused was then present. 58 Ark. 370. The same rules of evidence apply as in other civil cases. 2 Enc. of Ev. p. 242; 115 Ind. 421; 17 N. E. 909; 81 Minn. 501. Before secondary evidence can be used, the superior or primary must be out of reach without fault. 2 Enc. Ev. p. 308. 2. The appeal should have been dismissed after defendant had been…
1Opinion of the CourtBattle, J.
On the 17th day of July, 1907, Lena D. McBride filed with the clerk of the Montgomery County Court an affidavit, accusing Willis M. Wimberly of being the father of a bastard child delivered by her on the 19th of June, 1907, and asking for judgment against him for fifteen dollars for lying-in expenses and for the monthly sum of three dollars for seven years for the support of the child. The judge of the county court thereupon issued a warrant, in the name of the State of Arkansas, to any sheriff or constable of this State, commanding him to arrest and carry the accused before the county judge…
2Cases cited6 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Clinton v. EstesSupreme Court of Arkansas · 1859
- Wilson v. MacklinNebraska Supreme Court · 1878
- Chambers v. StateSupreme Court of Arkansas · 1885
- Pearce v. StateSupreme Court of Arkansas · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rogers v. StateSupreme Court of Arkansas · 1918
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- State v. SaxSupreme Court of Minnesota · 1950
- Walls and Mitchell v. StateSupreme Court of Arkansas · 1937
- Belford v. StateSupreme Court of Arkansas · 1910
13 more not listed; retrieve them via the Exa API.