Bond v. State

• Decision Date: 16 June 1894
• Citation: 15 So. 591,34 Fla. 45
• Parties: BOND v. STATE ex rel. JARVIS.
• Court: Florida Supreme Court

15 So. 591

34 Fla. 45

BOND v. STATE ex rel. JARVIS.

Florida Supreme Court

June 16, 1894

Error to circuit court, Madison county; John F. White, Judge.

Bastardy proceeding by the state, at the relation of Lula Jarvis against John T. Bond. From the judgment, defendant brings error. Dismissed.

Syllabus by the Court

SYLLABUS

1. A bastardy case, under our statute, in its inception, partakes of the nature of a criminal case, but in its latter stages after it has reached the circuit court, becomes a civil action.

2. A writ of error from a judgment in a bastardy case should be sued out within six months of the date of the judgment, as provided by section 1271, Rev. St. Fla.

3. The act of 1893 (chapter 4154, Laws Fla.) does not make a bastardy proceeding a criminal prosecution.

COUNSEL William B. Lamar, Atty. Gen., for the motion.

Benj. P. Calhoun, opposed.

OPINION

LIDDON, C.J.

In a bastardy proceeding against the plaintiff in error in the circuit court of Madison county, on the 20th day of October 1893, a final judgment was entered. By this judgment the state of Florida recovered of the plaintiff in error the sum of $50 per annum for the period of 10 years, to be paid in annual installments, commencing on the 1st day of November 1893, and the sum of $10 to be paid upon the giving of the bond in said judgment provided for, to cover the expense of the birth of the child. Said judgment also required that the plaintiff in error enter into a good and sufficient bond with two or more securities, to be approved by the clerk of said court, for the faithful payment of said moneys, and that he stand committed until said bond be executed according to law, or for the period of 12 months. The writ of error, by which it is sought to reverse such judgment, was issued May 17, 1894, more than 6 months after the rendition of said judgment.

The attorney general moves to dismiss the writ of error, because not sued out within the time prescribed by the statute. The motion presents the question whether a bastardy proceeding is a civil case, in which the writ of error must be sued out within six months of the date of the judgment, under section 1271 of the Revised Statutes, or whether it is a criminal case, to which such limitation does not apply. A bastardy proceeding is of rather a nondescript character. It partakes in its inception, under our statute, very much of the nature of a criminal prosecution, but in its latter stages, when it reaches the circuit court, becomes a civil case. E. N.E. v. State, 25 Fla. 268, 6 So. 58; William H. T. v. State, 18 Fla. 883.

It is contended on behalf of the plaintiff in error that the statute, chapter 4154, Laws Fla. (Acts 1893, p. 77) which has become a law since the decisions above cited were made, has changed a bastardy proceeding into a criminal prosecution. The title of this statute is 'An act prescribing the period of time for which a defendant shall be imprisoned for failing or refusing to give bond or comply with the order of the court in bastardy cases.' The act provides that in such cases 'in which the...