Root v. State
Court of Appeals of Maryland
This was an indictment against the plaintiff in error for being the father of an illegitimate child. The mother and the child resided in Frederick county, and the father, the plaintiff in error, in Carroll county.
Read the full summary
This was an indictment against the plaintiff in error for being the father of an illegitimate child. The mother and the child resided in Frederick county, and the father, the plaintiff in error, in Carroll county. The proceedings which led to the finding of the indictment by the grand jury of Carroll county was as follows; 1st. The affidavit of the mother made before a justice of the peace of Frederick county, which was transmitted to Carroll county, the residence of the putative father. 2nd. The warrant of a magistrate of the latter county, directed to a constable thereof, directing him to…
1Opinion of the CourtChambers, J.
The proceeding against a putative father of an illegitimate' child is a peculiar one, prescribed by the act of assembly, by the' terms of which jurisdiction is vested in a single magistrate, whose judgment in the discretion of the person charged, may' be reviewed by the jury in a county court.
The jurisdiction and mode of proceeding being peculiar, must be exactly pursued.
The affidavit of the mother was in this case properly made' in Frederick, where she resided with the child, and transmitted' to Carroll, where the putative father resided; and the magis-' trate in Carroll properly recognized…
2Cited by5 opinions
- Polk v. Rose ex rel. CinnamondCourt of Appeals of Maryland · 1866
- Harwood v. MarshallCourt of Appeals of Maryland · 1856
- Cushwa v. StateCourt of Appeals of Maryland · 1863
- State v. PhelpsCourt of Appeals of Maryland · 1856
- Huyett v. SlickCourt of Appeals of Maryland · 1875