State v. . Addington
Supreme Court of North Carolina
Bastardy PROCEEDING, commenced before a justice of the peace and tried on appeal by bis Honor, Cooke, Jand a jury, at February Term, 1907, of Buncombe Superior Court. The evidence tended to show that' the feme plaintiff had been delivered of a bastard, which had passed through the full period of gestation, but was born dead.
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Bastardy PROCEEDING, commenced before a justice of the peace and tried on appeal by bis Honor, Cooke, Jand a jury, at February Term, 1907, of Buncombe Superior Court. The evidence tended to show that' the feme plaintiff had been delivered of a bastard, which had passed through the full period of gestation, but was born dead. It further tended to show that the defendant was thirty-eight years of age and the mother of the child sixteen years old; that she was sick for several weeks before and for several weeks after her confinement, and all the time was under the care of a physician; that she…
1Opinion of the Court
WaleeR, J.,
after stating tbe case: This Court in two recent decisions has finally determined tbe nature of this proceeding. It has been adjudged to be civil and not criminal in its nature, and is intended merely for tbe enforcement of a police regulation. State v. Liles, 134 N. C., 735. It being in tbe nature of a civil proceeding, and tbe issue of paternity being tried according to tbe rules of evidence and procedure applicable to sucb a proceeding (State v. Edwards, 110 N. C., 511), a mere finding of tbe issue against tbe defendant, that is, that be is tbe father of tbe child, would not…
2Cases cited13 opinions
- Atchison, Topeka & Santa Fé Rld. v. State ex rel. SandersSupreme Court of Kansas · 1879
- State v. . BurtonSupreme Court of North Carolina · 1893
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State v. . CrouseSupreme Court of North Carolina · 1882
- State v. . WynneSupreme Court of North Carolina · 1895
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3Cited by20 opinions
- Sawyer v. BarbourCalifornia Court of Appeal · 1956
- People Ex Rel. Mayfield v. City of SpringfieldIllinois Supreme Court · 1959
- State v. . AbernethySupreme Court of North Carolina · 1925
- Cauble v. City of AshevilleSupreme Court of North Carolina · 1980
- Holliman v. ColeSupreme Court of Oklahoma · 1934
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