Walker v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. J. M. Cahmichael. This is a proceeding in bastardy commenced before a justice of the peace.
Read the full summary
Appeal from the Circuit Court of Bullock. Tried before the Hon. J. M. Cahmichael. This is a proceeding in bastardy commenced before a justice of the peace. The affidavit, warrant, and appearance bond are respectively as follows : State of Alabama, ) Bullock county. j Before me, W. C. Smith, a justice of the peace for said county, personally appeared Elizabeth Dix, who being duly sworn, deposes and says she is a single woman and that she is in a family way with a bastard child, and that Henry Walker is the father thereof. Elizabeth Dix. Sworn to and subscribed before me. this the 27th day of…
1Opinion of the Court
McCLELLAN. J.
The question in this case is not • whether Walker was under any statutory or common law obligation to appeaiffin the circuit court and answer the charge of bastardy. That question might be of moment if he had not appeared and the sureties on his bond were being proceeded against for that he failed to appear. But he did appear in that court and the issue between him and the State as to whether he was the father of the illegitimate child of Elizabeth Dix, a single woman resident of the county, was there tried and adjudged against him. And it is manifestly of no consequence whether *59t…
2Cases cited3 opinions
- Smith v. StateSupreme Court of Alabama · 1882
- Collins v. StateSupreme Court of Alabama · 1885
- Hanna v. StateSupreme Court of Alabama · 1877
3Cited by4 opinions
- Ex Parte MesserSupreme Court of Alabama · 1933
- Williams v. StateSupreme Court of Alabama · 1896
- McGilvary v. StateAlabama Court of Appeals · 1920
- Vinson v. StateSupreme Court of Alabama · 1934