Stone v. State ex rel. Milhorn

This was a prosecution for bastardy. The proceedings before the justice are not in the record — no ’ complaint sworn to, as required by the statute, waiTant, *539recognizance, or transcript; There is therefore no foundation on which this suit can stand.

R. L. Coffey, W. R. Harrison and W. S. Shirley, for appellant. J. S. Hester, for appellee.

A motion was made to dismiss it before the answer was put in, which was overruled, but which ought to have been sustained. After an answer of general denial was put in by attorney, in the common pleas court, a recognizance was given, and by agreement of the…