Legal Opinion

State v. Schwartz

Ohio Supreme Court

Decided December 11, 1940No. 28176PublishedCited by 9 opinions

1Opinion of the CourtDay, J.

The questions presented for our determination are, first, whether the trial court erred in refusing to admit the record of the bastardy proceeding as evidence, and, second, whether the trial court erred in its charge to the jury.

Appellant contends that the record of the bastardy proceeding was admissible in. evidence; that such a proceeding is one in rem, fixing the status of the child; that thereafter the mother is precluded from asserting in any court that the appellant was the father; and that any prosecution commenced by her should be abated and barred upon such record being produced in…

2Cases cited2 opinions

  1. Betts v. New HartfordSupreme Court of Connecticut · 1856
  2. Dimmitt v. State Ex Rel. MilburnOhio Supreme Court · 1925

3Cited by9 opinions

  1. French v. Catholic Community LeagueOhio Court of Appeals · 1942
  2. State, Ex Rel. Love v. JonesOhio Court of Appeals · 1953
  3. Moreno v. Superior CourtCourt of Appeals of Arizona · 1966
  4. Ohio Crime Victims Reparations Fund v. Harwell (In Re Harwell)United States Bankruptcy Court, N.D. Ohio · 2006
  5. Pennsylvania v. DuncanOhio Court of Appeals · 1961

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