State Ex Rel. Donaldson v. Waldrop

63 N.C. 507

• Court: Supreme Court of North Carolina
• Decided: June 5, 1869
• Status: Published

Opinion

Rodman, J.

(After stating the case as above.) It is difficult to imagine a reason for supposing that the County' Commissioners, had any jurisdiction in the premises. They have no judicial powers at all. Proceedings in bastardy are in the nature of a civil action. State ex. rel. Adams v. Pate, Bus. 244. The Superior Court have exclusive original jurisdiction in all cases when it is not given to some other Court. Const. .Art. IY, Sec. 15. Chapter 12 of the Revised Code concerning •bastardy is still in force, except so far as it has been incidentally modified by the change in the system of Courts. The Judge was right in refusing the motion. Judgment that the State recover costs in this Court.

Let this opinion be certified.

Her Curiam. Order accordingly.