Johnson v. Walker

Citations

• 86 Miss. 757

Syllabus

<p>1. Bastaedy. Dismissal óf suit.</p> <p>Tbe dismissal of a bastardy suit without prejudice is not a bar to a subsequent suit upon the same cause of action.</p> <p>2. Same. Jurisdiction. Venue. Code 1892, § 249. Code 1892, § 2359.</p> <p>The jurisdiction and venue of the preliminary proceedings in a bastardy suit are governed by Code 1892, § 249, providing for the making of complaint to any justice of the. peace, among others, of the county where the woman was delivered of the child, and not by Code 1892, § 2359, regulating the jurisdiction and venue of ordinary suits before justices of the peace.</p> <p>3. Same. Complaint. Affidavit. Justice of the peace. Code 1892, $ 249. Code 1892, § 934.</p> <p>It is no objection to a complaint in a bastardy case that it was sworn to before a justice of the peace other than the one before whom the suit was begun, because :</p> <p>(а) Code 1892, § 249, regulating the subject, does not require thé complaint to be under oath'; and</p> <p>(б) If it were necessary or proper that it should be under oath, Code 1892, § 934, empowers justices of the peace to administer oaths and take affidavits whenever the same may be necessary or proper in proceedings in any court.</p> <p>4. Same. Code 1892, l 252. Issue to he joined. Waiver.</p> <p>While Code 1892, § 252, provides that the circuit court shall, in bastardy cashes, cause an issue to be made up as to whether the reputed father be or be not the real father, a finding in plaintiff’s favor will not be set aside because such formal issue was net made up, where the parties waived the same by proceeding to trial upon the plaintiff’s written complaint and an affidavit of defendant denying that he was the real father.</p> <p>5. Same. Presence of child in court.</p> <p>In bastardy proceedings the momentary presence of the child in the courtroom does not constitute reversible error, where plaintiff’s counsel immediately and quietly directed that it be removed, and no proferí of the child was made