Legal Opinion

Volksdorf v. People

Appellate Court of Illinois

Decided January 30, 1883Published

Appeal from the Circuit Court of Cook county; the Hon. William H. Barnum, J udge, presiding. This was a prosecution under the Bastardy Act, Chap. 17, Kev. Stat., instituted upon complaint of the relator, Augusta Hilmus, against appellant Volksdorf. The complaint was made before a justice of the peace, by whom appellant was bound over to the Criminal Court of Cook county.

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Appeal from the Circuit Court of Cook county; the Hon. William H. Barnum, J udge, presiding. This was a prosecution under the Bastardy Act, Chap. 17, Kev. Stat., instituted upon complaint of the relator, Augusta Hilmus, against appellant Volksdorf. The complaint was made before a justice of the peace, by whom appellant was bound over to the Criminal Court of Cook county. Motions were made to dismiss the proceeding, both before the justice and in the criminal court, for want of jurisdiction, it being stipulated that the complaining witness was a married woman at the time of making the…

1Opinion of the CourtWilson, J.

The act in relation to bastardy, Chap. 17, Rev. Stat., provides, that “ When an unmarried woman who shall be pregnant or delivered of a child which by law would be deemed a bastard, shall make a complaint to a justice of the peace of the county,” etc.

The only question which it is necessary to consider on this appeal is whether the relatrix, who, while unmarried, was delivered of a bastard child, comes within the provisions of the statute, she having married subsequent to the birth of the child, and being at the time of making the complaint a married woman.

In other words, does the word “…

2Cases cited6 opinions

  1. City of Indianapolis v. SturdevantIndiana Supreme Court · 1865
  2. Cooper v. State ex rel. DeanIndiana Supreme Court · 1837
  3. Williams v. StateSupreme Court of Alabama · 1856
  4. Sword v. NestorCourt of Appeals of Kentucky · 1835
  5. Durham v. PeopleIllinois Supreme Court · 1868

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