State v. McIntosh
64 N.C. 607
Opinion
A proceeding in bastardy, is a civil action, as distinguished from a criminal action: Const. Art. IY, s. 1.
Under the Code of Civil Procedure, it is a special proceeding, as distinguished from a civil action proper. In such special proceeding a party may be examined as a witness in his own behalf: O. O. P. §§ 342-3; State v. Waldrop, 63 N. C. 507; State v. Pate, Bus. 244.
There was error in the ruling of his Honor, and there must be a venire de novo upon the issues submitted.
Let this be certified.
Per Curiam. Venire de novo..
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State v. McIntosh, 64 N.C. 607 (N.C. 1870).
64 N.C. 607 (State v. McIntosh) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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