Lisy v. State ex rel. Dufek

Nebraska Supreme Court

Lisy v. State ex rel. Dufek

69 N.W. 768, 50 Neb. 226, 1897 Neb. LEXIS 413

CourtNebraska Supreme Court

DecidedJanuary 7, 1897

DocketNo. 8459

StatusPublished

Cited by3 cases

This text of 69 N.W. 768 (Lisy v. State ex rel. Dufek) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lisy v. State ex rel. Dufek, 69 N.W. 768, 50 Neb. 226, 1897 Neb. LEXIS 413 (Neb. 1897).

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Opinion

Ryan, C.

Plaintiff in error, in the district court of Butler county, was found guilty upon the charge of being the father of a bastard child of which Anna Dufek, an unmarried woman, was the mother. To reverse the judgment requiring the payment of the aggregate amount of $1,000 and in default of such payment that plaintiff in error be imprisoned in the county jail, these error proceedings are prosecuted. »

On the trial there was introduced evidence, over proper objections of the plaintiff in error, to the effect that Mr. Lisy, in view of the bastardy proceedings about to be commenced, had offered to settle with the mother of the child aforesaid by marrying her, and that this offer had been met with a proposition on the part of Anna Dufek that she would marry plaintiff in error if certain land was by him conveyed to her as an earnest that he would not desert her. It has been held that it is prejudicially erroneous to admit testimony of this character when properly objected to. (Olson v. Peterson, 33 Neb., 358; Robb v. Hewitt, 39 Neb., 217.) For the error indicated the judgment of the district court is reversed and the cause is remanded for further proceedings.

Reversed and remanded:

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Ryan, C.

Plaintiff in error, in the district court of Butler county, was found guilty upon the charge of being the father of a bastard child of which Anna Dufek, an unmarried woman, was the mother. To reverse the judgment requiring the payment of the aggregate amount of $1,000 and in default of such payment that plaintiff in error be imprisoned in the county jail, these error proceedings are prosecuted. »

On the trial there was introduced evidence, over proper objections of the plaintiff in error, to the effect that Mr. Lisy, in view of the bastardy proceedings about to be commenced, had offered to settle with the mother of the child aforesaid by marrying her, and that this offer had been met with a proposition on the part of Anna Dufek that she would marry plaintiff in error if certain land was by him conveyed to her as an earnest that he would not desert her. It has been held that it is prejudicially erroneous to admit testimony of this character when properly objected to. (Olson v. Peterson, 33 Neb., 358; Robb v. Hewitt, 39 Neb., 217.) For the error indicated the judgment of the district court is reversed and the cause is remanded for further proceedings.

Reversed and remanded:

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Bluebook (online)

69 N.W. 768, 50 Neb. 226, 1897 Neb. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lisy-v-state-ex-rel-dufek-neb-1897.

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