Tennant v. Brookover

Citations

• 12 W. Va. 337
• 1878 W. Va. LEXIS 30

Syllabus

<p>1. When the act of the legislature, approved Dec. 9, 1873, entitled “an act to amend and re-enact chap. 80 of the Code, concerning the maintenance of illegitimate children,” went into operation, it did not oust the jurisdiction of the circuit courts to hear and determine cases of bastardy, where recognizances bad theretofore been given, requiring the defendant to appear at the nest term of the circuit court and answer the charge.</p> <p>2. After the passage of said act, proceedings, thereafter had in the circuit courts, should conform, as far as practicable, to the requirements of said statute.</p> <p>3. Under chap. 80, of the Code, any justice of any township might issue a warrant in a bastardy case, whether the woman, or defendant either, resided in said township, or not.</p> <p>4. When a witness, on cross-examination with a view to impeach her, is asked if she did not at such a time and place tell so and so, such and such things, and answers that she did not, she may on re-examination state, what she did, at the same time and place, say to the same person on the subject, if it is relevant to the issue.</p> <p>5. In rendering judgment in a bastardy case, it is not error for the court to order the defendant to pay to the overseer of the poor for the maintenance of the child so much per year, for a year or years, before the judgment was rendered, and require bond to be executed with sufficient sureties to secure the payment thereof, although a number of the payments may be due at the time the judgment is rendered, and the bond executed.</p> <p>6. Judgment for costs in favor of the “overseer of the poor for the use of the woman,” where the case proceeds in the name of the woman, is not an error, of which the defendant can complain.</p>