Parker v. Nothomb
Nebraska Supreme Court
Error from the district court for Seward county. Action by Lucy Parker, nee Lucy West, against Michael J. Nothomb for bastardy. Tried below before Sornborger, J. The complaint herein made was filed after the marriage of the prosecutrix to one Parker; and the question at issue was whether or not the prosecutrix should be unmarried when she made the complaint as well as when she bore the child. The briefs were full and instructive.
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Error from the district court for Seward county. Action by Lucy Parker, nee Lucy West, against Michael J. Nothomb for bastardy. Tried below before Sornborger, J. The complaint herein made was filed after the marriage of the prosecutrix to one Parker; and the question at issue was whether or not the prosecutrix should be unmarried when she made the complaint as well as when she bore the child. The briefs were full and instructive. But the question is so thoroughly discussed by the learned commissioner that an abstract of the briefs is deemed superfluous.
1OpinionHolcomb, J.
Tbis cause is submitted on a rehearing heretofore allowed. The controversy is with respect to the proper construction of section 1, chapter 37, Compiled Statutes, 1901, entitled “Illegitimate Children.” The direct question presented is whether, under the statute referred to, an unmarried woman who has given birth to an illegitimate child, and subsequently thereto marries, may after such marriage maintain an action against the putative father for the *316support of her illegitimate offspring. At the former hearing the word “unmarried,” in the section referred to, it was held, does not properly…
2Cases cited17 opinions
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- Winterfield v. StaussWisconsin Supreme Court · 1869
- Willetts v. JeffriesSupreme Court of Kansas · 1870
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