Munro v. Callahan
| Court | Supreme Court of Nebraska |
| Citation | 60 N.W. 97,41 Neb. 849 |
| Parties | MUNRO v. CALLAHAN. |
| Decision Date | 19 September 1894 |
41 Neb. 849
60 N.W. 97
MUNRO
v.
CALLAHAN.
Supreme Court of Nebraska.
Sept. 19, 1894.
1. A justice of the peace has no jurisdiction to try and determine the guilt or innocence of a party charged with being the father of a bastard child.
2. A bastardy proceeding is essentially a civil proceeding, and can only be tried on its merits in the district court.
3. The examination, by a justice of the peace, of a person charged with being the father of a bastard child, is in no sense a trial of the merits of the controversy, and the statute does not contemplate the taking of any testimony in such proceeding on behalf of the party accused. Daly v. Melendy, 49 N. W. 926, 32 Neb. 852, followed and reaffirmed.
4. The deposition of a witness who resides in the county where an action originated and is being tried cannot be read in evidence until it is made to appear that such witness is absent from the county, or, by reason of age, infirmity, imprisonment, or death, is unable to attend in person at the trial. Everett v. Tidball, 52 N. W. 816, 34 Neb. 803, followed and reaffirmed.
Error to district court, Douglas county; Davis, Judge.
Complaint by Delia A. Callahan against George F. Munro for bastardy. There was a judgment finding defendant guilty, and ordering him to pay $15 per month, for 15 years, for the support of the child, and defendant brings error. Affirmed.
[60 N.W. 97]
Saunders & Macfarland, for plaintiff in error.
John F. Cromelien and Gurley & Marple, for defendant in error.
RAGAN, C.
On the 26th day of October, 1891, Miss Delia A. Callahan swore out a complaint before A. J. Hart, a justice of the peace in and for Douglas county, against George F. Munro, charging him with being the father of her unborn bastard child. The justice of the peace in due time proceeded to a hearing of the complaint against Munro, found him not guilty, and discharged him. Subsequently, Miss Callahan swore out another complaint before another justice of the peace against Munro, charging him with being the father of her unborn bastard child. A change of venue was taken from this latter justice to another, where an examination of Munro on said charge was had, which resulted in the justice binding Munro in a recognizance to appear at the next term of the district court to answer the charge preferred by Miss Callahan. On the examination of Munro by this last-named justice, he offered to testify on his own behalf, but the testimony was refused by the justice. In May, 1892, Munro was tried in the district court on the charge of being the father of Miss Callahan's bastard child, found guilty of the charge by the jury, and from the judgment pronounced against him in that action he prosecutes a petition in error to this...
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In re Walker
...and render judgment of affiliation and for the maintenance of the illegitimate child, in such sum as may be ordered. Munro v. Callahan, 41 Neb. 849, 60 N. W. 97. Has the district court jurisdiction for this purpose when a defendant has not personally appeared therein, under the facts and ci......
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In re Application of John Walker For a Writ of Habeas Corpus, 11,977
...merits, render judgment of filiation, and for the maintenance of the illegitimate child in such sum as may be ordered. Munro v. Callahan, 41 Neb. 849, 60 N.W. 97. Has the district court jurisdiction for this purpose when a defendant has not personally appeared therein, under the facts and c......
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Rozgall v. Dorrance, No. 32035.
...Algaza, 16 Neb. 631, 21 N.W. 401; Ex parte Donahoe, 24 Neb. 66, 38 N.W. 28;Strickler v. Grass, 32 Neb. 811, 49 N.W. 804;Munro v. Callahan, 41 Neb. 849, 60 N.W. 97;Stoppert v. Nierle, 45 Neb. 105, 63 N.W. 382; In re Application of Walker, 61 Neb. 803, 86 N.W. 510;Gatzemeyer v. Peterson, 68 N......
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Storz v. Riley
...in the district court of Douglas county against the plaintiffs in error. The pivotal question in the trial was whether or not Storz & Iler [60 N.W. 97]was the principal for whom Woodmansee was acting simply as agent in purchasing liquors from the defendants in error. In his testimony, Mr. W......
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In re Walker
...and render judgment of affiliation and for the maintenance of the illegitimate child, in such sum as may be ordered. Munro v. Callahan, 41 Neb. 849, 60 N. W. 97. Has the district court jurisdiction for this purpose when a defendant has not personally appeared therein, under the facts and ci......
-
In re Application of John Walker For a Writ of Habeas Corpus, 11,977
...merits, render judgment of filiation, and for the maintenance of the illegitimate child in such sum as may be ordered. Munro v. Callahan, 41 Neb. 849, 60 N.W. 97. Has the district court jurisdiction for this purpose when a defendant has not personally appeared therein, under the facts and c......
-
Rozgall v. Dorrance, No. 32035.
...Algaza, 16 Neb. 631, 21 N.W. 401; Ex parte Donahoe, 24 Neb. 66, 38 N.W. 28;Strickler v. Grass, 32 Neb. 811, 49 N.W. 804;Munro v. Callahan, 41 Neb. 849, 60 N.W. 97;Stoppert v. Nierle, 45 Neb. 105, 63 N.W. 382; In re Application of Walker, 61 Neb. 803, 86 N.W. 510;Gatzemeyer v. Peterson, 68 N......
-
Storz v. Riley
...in the district court of Douglas county against the plaintiffs in error. The pivotal question in the trial was whether or not Storz & Iler [60 N.W. 97]was the principal for whom Woodmansee was acting simply as agent in purchasing liquors from the defendants in error. In his testimony, Mr. W......