Bailey v. Hurtt
Bailey v. Hurtt
Opinion of the Court
Gladys Bailey is an unmarried woman who resides in Furnas county. She filed a complaint charging Scott Hurtt with the paternity of a bastard child born to her July 12, 1915. She recovered a judgment for $1,200, from which he has appealed.
It is argued by defendant that the jury could not properly find from the testimony that the bastard child was born alive. This contention cannot prevail, for the obvious reason that the babe was at the county seat at the time of the trial, but was not in the courtroom. It would serve no good purpose to analyze the testimony at greater length. We find that it supports the verdict, and with that we are content.
Defendant contends that the court erred in instructing the jury that the plaintiff’s reputation for chastity was not a proper subject for their inquiry, and insists that “this should have been considered by the jury in judging her credibility as a witness.” On this point the jury were correctly informed that the chastity of the complaining witness was not one of the issues in the case. Clow v. Smith, 85 Neb. 668; State v. O’Rourke, 85 Neb. 639. He also argues'that •the instructions state the law incorrectly with respect to the credibility of the respective witnesses where the testimony conflicts on points that are material. This contention is obviously without merit in view of the explicit instruction No. 3, given evidently in pursuance of the provisions of section 361, Rev. St. 1913, and also in view of instruction No. 5 wherein the jury are correctly informed on the points to
The court instructed the jury fully on all of the issues properly triable by it. Defendant requested no instructions, and, in view of those given, he cannot now be heard to urge that additional instructions should have been given.
Finding no reversible error, the judgment of the trial court is
Affirmed.
Reference
- Full Case Name
- Gladys Bailey v. Scott Hurtt
- Status
- Published