Bowen v. Parsons
West Virginia Supreme Court
Error to Circuit Court, Cabell County. Action by Zula Bowen against E. E. Parsons. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POFFENBARGER, JUDGE:
This writ of error is to a judgment rendered on a verdict in a bastardy proceeding instituted apparently by a married woman.
Both the complaint and the warrant describe the prose-cutrix as being a married woman living separate and apart from her husband, and that she is a married woman may possibly be. inferred from some of the testimony, but there is *792absolutely no proof that she had lived separate and apart from her husband for one year prior to the birth of' the child, and without cohabitation with him, within that period. This unproved fact is absolutely essential to the…
2Cited by11 opinions
- State Ex Rel. Rufus v. EasleyWest Virginia Supreme Court · 1946
- Kathy L.B. v. Patrick J.B.West Virginia Supreme Court · 1988
- State Ex Rel. Worley v. LavenderWest Virginia Supreme Court · 1963
- State Ex Rel. Crouser v. MercerWest Virginia Supreme Court · 1956
- State Ex Rel. Toryak v. SpagnuoloWest Virginia Supreme Court · 1982
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