State v. . Elam
Supreme Court of North Carolina
Bastardy, tried upon a case agreed before Fowle J., at the Fall Term 1867 of the Superior Court of Franklin. The proceedings were returned to the County Court, and carried from thence by appeal of the defendant to the Superior Court. One Arianna Herndon, a single woman (colored), charged the defendant, a colored man, with being the father of a child of which she was delivered in March 1867 in the ■county of Franklin.
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Bastardy, tried upon a case agreed before Fowle J., at the Fall Term 1867 of the Superior Court of Franklin. The proceedings were returned to the County Court, and carried from thence by appeal of the defendant to the Superior Court. One Arianna Herndon, a single woman (colored), charged the defendant, a colored man, with being the father of a child of which she was delivered in March 1867 in the ■county of Franklin. She had resided continuously in Gran-ville county for ten or twelve years before January or February 1867, when she removed to Franklin, with a bona fide intention of residing…
1Opinion of the Court
Pearson C. J.
The Revised Code (ch. 12) provides in general terms for proceeding against the putative father in the county where the child is born, to compel him to give bond for the maintenance of the child so as to-indemnify the county against the charge of its maintenance.
In most cases the child is born in the county where the mother has her settlement, and there is no difficulty in regard to the county in which the proceeding should be instituted.
But sometimes, as in our case, the child is born in one county, and the settlement of the mother is in another county, which makes it necessary…
2Cited by3 opinions
- State Ex Rel. Applewhite v. HalesSupreme Court of North Carolina · 1871
- State v. . JenkinsSupreme Court of North Carolina · 1851
- State v. . RobertsSupreme Court of North Carolina · 1849