62 Iowa 343 | Iowa | 1883
I. The undisputed testimony as disclosed by the evidence for the state established the following facts:
I. The child was begotten by the defendant, and was born on the 13th day of August, 1882. 2. Prior to its birth, on the 1st day of June, 1882, the mother, the prosecutrix, married another man named Getz. 3. At and before the marriage, Getz was informed by the prosecutrix that she was en-ceinte; her condition was apparent from her appearance. Upon these facts, the district court held that plaintiff could not recover, and directed the jury to return a verdict for defendant.
II. Under chapter 56, Title 25 of the Code, a father may be charged with the maintenance of his illegitimate child. The proceeding thereunder is entitled as an action in the
III. The conclusion' we reach in this case is supported by The State v. Romaine, 58 Iowa, 43, and cases therein cited.
IY. Many of the cases cited by defendant’s counsel, (Wright v. Hicks, 15 Ga., 160; Cross v. Cross, 3 Paige Ch., 139; Goodright v. Saul, 4 Tenn., 356; Lomex v. Holmden, 2 Strange, 940; Hall v. Commonwealth, Hardin, (Ky.,) 486; State v. Pettaway, 3 Hawks, 623; Commonwealth v. Wentz, 1 Ashm., 269; The King v. Inhabitants of Kea, East, 132; The King v. Inhabitants of Maidstone, 12 East, 550; Shelly v. -13 Ves., 56; State v. Broadway, 69 N. C., 411; Stegall v. Stegall’s Adm’r, 2 Brock., C. C., 256,) involve questions of heirship or iuheritance, and; in this respect, differ from the case before us. The distinctions between those cases and this, based upon this ground, are obvious. Ve have above pointed them out. Other cases cited by counsel are also distinguished by these facts from this case. It is our conclusion that the judgment of the district court ought to be
Affirmed.