Trawick v. Davis
Supreme Court of Alabama
Wkxt of Error to the County Court of Tuscaloosa. This was a proceeding in bastardy, commenced under the statute, by the defendant in error against the plaintiff, in which she charges him with being the father of a bastard child, of which she had been delivered more than three years previously.
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Wkxt of Error to the County Court of Tuscaloosa. This was a proceeding in bastardy, commenced under the statute, by the defendant in error against the plaintiff, in which she charges him with being the father of a bastard child, of which she had been delivered more than three years previously. The defendant below entered into a bond with sureties, in the penalty of one thousand dollars for his appearance at the next term of the County Court, and to “ abide and perform such order or orders as shall be made in the premises, pursuant to the act in such cases made and provided,” &c. The condition…
1Opinion of the CourtCollier, C. J.
1. The objection to the proceedings before the Justice of the Peace issuing the warrant and taking the bond of the defendant are not now open to examination. If defective to such an extent as to make them voidable, a motion to quash should have been submitted to the County Court at the proper time ; and it is not permissible, after the accused lias appeared and impliedly admitted himself to be regularly in Court, by asking and obtaining a continuance, to insist that the warrant under which he was arrested is invalid. [Walker v. Commonwealth, 3 Mar. Rep. 356; Schooler v. Commonwealth, 6 Lit.…
2Cases cited3 opinions
- Johnson v. HarveyMassachusetts Supreme Judicial Court · 1808
- Lake v. GovernorSupreme Court of Alabama · 1830
- Cowan v. GloverCourt of Appeals of Kentucky · 1821
3Cited by8 opinions
- Amanda Handley, by and Through Her Mother and Next Friend, Patricia Herron v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1983
- Wilson v. Judge of the Co. CourtSupreme Court of Alabama · 1851
- Waddell v. StateSupreme Court of Arkansas · 1962
- Quarles v. StateSupreme Court of Alabama · 1972
- Seale v. McClanahanSupreme Court of Alabama · 1852
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