Black Hawk County v. Cotter
Supreme Court of Iowa
AgypeoH from, ¡Black Ha/wk Circuit Gov/rt. On the 19th day of September, 1871, a complaint was filed in the circuit court of Black Hawk county, stating that one “Catherine A. Trexel, an unmarried female, was, on the 2d day of May, 1870, in said county, delivered of a male child; that said child was illegitimate and a bastard, and that M. L. Cotter was the father of said child.”
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AgypeoH from, ¡Black Ha/wk Circuit Gov/rt. On the 19th day of September, 1871, a complaint was filed in the circuit court of Black Hawk county, stating that one “Catherine A. Trexel, an unmarried female, was, on the 2d day of May, 1870, in said county, delivered of a male child; that said child was illegitimate and a bastard, and that M. L. Cotter was the father of said child.” Summons was issued and served, and at the October term the defendant appeared and filed his answer: 1. Denying that he was the father of said child; and 2. That on the 15th day of April, 1870, he settled with the said…
1Opinion of the CourtCole, J.
I. The first question made by the appellant is whether the second count of his answer constituted any defense % In our opinion it did constitute, at least, a partial defense, and ought not to have been stricken out. Our present statute is the same as the code of 1851, so far as respects bastardy proceedings.’. In the case of Holmes v. The State, 2 G. Greene, 501, a proceeding under a similar statute was held to be a avail action of a summary nature to secure to the woman a speedy remedy for the support of her child; and it was there said, that “ the mother may dismiss the prosecution, settle…
2Cited by11 opinions
- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- State v. TiemanWashington Supreme Court · 1903
- State v. ShoemakerSupreme Court of Iowa · 1883
- McKellar v. HarkinsSupreme Court of Iowa · 1918
- Burr v. PharesWest Virginia Supreme Court · 1917
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