10 S.D. 471 | S.D. | 1898
This case was commenced April 20, 1897, before a justice of the peace in Brule county, by the filing of a verified complaint, wherein it is alleged that an unmarried woman (naming heT), a resident of Brule county, was orí March 23, 1897, delivered of a male child, which was and is a bastardy
It was held by this court in State v. Bunker, 7 S. D. 639, 65 N. W. 33, that the bastardy act of 1893 did not create any new liability; and we now hold that it did not operate to repeal Comp. Laws, §§ 5560-5568, inclusive. Chapter 64, Laws 1893, declares that county courts, in counties having less than 20,000 population (to which class Brule belongs), shall after the first Monday in January, 1895, have “exclusive original jurisdiction in all matters of probate, guardianship and settlement of estates of deceased persons, and no other jurisdiction whatever.” It expressly repeals all acts and parts of acts in conflict with itself. The bastardy act of 1893 provides that proceedings
But it is contended by defendant that the ruling of the circuit court cannot be reviewed, for the reason that the statute does not authorize the state to sue out a writ of error in cases of this class. The weight of authority, it is apprehended, holds that a writ of error does not lie where a party is entitled to an appeal; and that, too, although the statute giving the right of appeal does not expressly provide that such remedy is exclusive. In such cases the right to a writ of error is considered abolished by implication. 7 Enc. PI. &-Prac. 852. Chapter 37, Code Civ. Proc., is silent on the subject of review, but provides that “the issue on the trial shall be ‘guilty’ or ‘not guilty’ and shall be tried as a civil action at law. ” Comp. Laws, § 5565. We are not aware of any statute authorizing this court to issue writs of error, except in criminal actions;