Legal Opinion

Eshelman v. People ex rel. Gray

Appellate Court of Illinois

Decided March 23, 1894PublishedCited by 2 opinions

Memorandum.— Bastardy proceedings. The complaint began with the following recital: “ The complaint of Viola Gray, of Bridgeport, in the said county, an unmarried woman, made before H. W. Bunn, one of the justices of the peace in and for said county, under oath, who says that,” etc. Appeal from the County Court of Lawrence County; the Hon. F. C. Meserye, Judge, presiding.

1Opinion of the CourtJustice Scofield

On September 24, 1890, Viola Gray appeared before a justice of the peace of Lawrence county and made' a complaint charging appellant with being the father of her child. The complaint did not allege, except by way of recital at the beginning, that she was an unmarried woman at the time when her child was born, but did state that she had been delivered of a “ male bastard child.” The record does not show any motion to dismiss the proceeding in the justice’s court on account of the insufficiency of the complaint, but does show that the state’s attorney, by direction of the justice, amended the…

2Cases cited4 opinions

  1. Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
  2. Maynard v. PeopleIllinois Supreme Court · 1890
  3. North Chicago Rolling Mill Co. v. MonkaIllinois Supreme Court · 1883
  4. Kilmer v. People ex rel. JohnsonIllinois Supreme Court · 1883

3Cited by2 opinions

  1. Harrison v. PeopleAppellate Court of Illinois · 1899
  2. State v. EisenOregon Supreme Court · 1909

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