Supreme Court of North Carolina, 1870

State v. McIntosh

State v. McIntosh
Supreme Court of North Carolina · Decided June 15, 1870 · Dick
64 N.C. 607
State v. McIntosh

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

Dick, J.

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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