Miller v. Oehler
Miller v. Oehler
Opinion of the Court
Proceedings in bastardy were commenced before the mayor of the incorporated village of Riverside by the plaintiff in error, Katie Miller, against the defendant, W illiam Oehler, on the 14th day of January, 1879. The mayor recognized the defendant to appeal1 at the next term of the court of common pleas of Hamilton county, to answer the accusation and abide the order of the court. The prosecution in the court of common pleas resulted in a judgment that the defendant was the reputed father of the bastard child, and that he stand charged with its maintenance in the sum- of $600, to be paid upon the entry of the judgment. The defendant in error carried the proceedings to the district court, where the judgment of the court of common pleas was reversed, upon the ground that the mayor of the incorporated village of Riverside had no jurisdiction or power to entertain the complaint. This judgment of reversal it is here sought to reverse. AVe are of the opinion that the district court erred in reversing the judgment
There is no reason arising from the nature of proceedings in bastardy why the preliminary inquiry or examination should be made exclusively by a justice of the peace. If the matter is adjusted, or a settlement reached, before final judgment in the court of common pleas, between the accused and the complainant, by his paying, or securing to be paid to her, an agreed sum, and executing the bond provided for by the statute, .such bond is required to be conditioned to save all municipal corporations within the state free from all charges for the maintenance of the bastard child, as well as all counties and townships. 75 O. L. 741. And where the mother of the child neglects to bring suit for its maintenance, or fails to prosecute a. suit duly commenced, the treasurer of a municipal corporation interested in the support of such bastard child may make complaint in behalf of the corporation, or take up and prosecute the complaint made by the mother of such child, unless sufficient security is offered to save the corporation from the expense of the child’s maintenance. 75 O. L. 744. I mention these provisions only for the purpose of showing that there is no reason growing out of the character of the proceeding, why the preliminary examination should not be made by a mayor of a city or village, as well as by a justice of the peace. We are inclined to the view, and so hold, that by the change in phraseology from “civil matters” to “civil cases” in the provision defining the civil jurisdiction of the mayor, the legislature did not intend to withdraw from the mayor the power to entertain a complaint in bastardy.
Judgment of the district court reversed and that of the common pleas affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.