Legal Opinion

State v. Brewer

Supreme Court of South Carolina

Decided February 13, 1893PublishedCited by 9 opinions

Before NortoN, J., Chesterfield, February, 1892, and Izlar, J., Marion, October, 1891. William A. Brewer, being convicted of bastardy at February term, 1892, of the court in Chesterfield County, was sentenced by Judge Norton to pay twenty-five dollars annually for the support of the child until it attained the age of twelve years, and that he enter into a recognizance so conditioned; that if he fail to do so, execution should issue against his property for the amounts as…

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Before NortoN, J., Chesterfield, February, 1892, and Izlar, J., Marion, October, 1891. William A. Brewer, being convicted of bastardy at February term, 1892, of the court in Chesterfield County, was sentenced by Judge Norton to pay twenty-five dollars annually for the support of the child until it attained the age of twelve years, and that he enter into a recognizance so conditioned; that if he fail to do so, execution should issue against his property for the amounts as they respectively became payable; and “ordered, further, that if the sheriff, or -his deputy, return on oath that the said…

1Opinion of the Court

The opinion of the court was delivered by

Me. Chief Justice MoIvee.

These two cases, involving practically the same question, were heard and will be considered together. That question is, whether a person who has been convicted of bastardy, who fails or refuses to enter into the recognizance, as required by law, for the support of his bastard child, can, after execution against his property has been returned wholly or partially unsatisfied, be arrested under a writ of capias ad satisfaciendum and committed to jail, subject, however, to the privileges accorded to insolvent debtors arrested under…

2Cases cited3 opinions

  1. State v. MaceCourt of Appeals of Maryland · 1853
  2. In re WheelerSupreme Court of Kansas · 1885
  3. Ex parte CottrellNebraska Supreme Court · 1882

3Cited by9 opinions

  1. McGlohon v. HarlanSupreme Court of South Carolina · 1970
  2. Martin v. PeopleSupreme Court of Colorado · 1917
  3. State ex rel. Scott v. District CourtMontana Supreme Court · 1920
  4. State v. EdensSupreme Court of South Carolina · 1911
  5. State v. WalkerSupreme Court of South Carolina · 1958

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