Huyett v. Slick

Alvey, J., delivered the opinion of the Court. Without .deciding several of the questions discussed in the opinion of the learned judge who determined this case in the Court below, we think the decree appealed from should be affirmed. The recognizance complained of was entered into by the complainants on the 12th of August, 1872, and it was filed with the clerk of the Circuit Court for the County on the 28th of October, 1872, to be recorded among the proceedings of the Court. Upon application of the mother ah order was issued on the 7th of May, 1873, requiring the putative father of the illegitimate child, and his sureties, to pay to the mother the sum of thirty dollars, for the support of the child for .one year; and, upon their failure to make such payment a scire facias was issued on the recognizance, on the 11th of July, 1873, as directed by the Code, Art. 13, sec. 8.

To the scire facias the complainants appeared by attorney, but interposed no defence, and on the 6th of December, 1873, a fiat was entered for the thirty dol ²⁸⁹ lars and costs. On this judgment a, fieri facias was Issued on the 18th of May, 1874, and to restrain the execution of which process the present bill was filed on the 4th of June, 1874 ; — nearly two years after the recognizance was taken, and more than a year after proceedings were commenced to enforce it. It is not alleged or pretended that the complainants, or either of them, remained ignorant of the nature of the recognizance after it was filed for record ; but it is alleged in their bill that they were ignorant of its nature, “until after the same had been returned as aforesaid to the clerk of the said Court, and the same had become a part of the records thereof, and that they then became for the first time aware of the mistake, wrong and fraud upon them.” The recognizance was filed for record, as before stated, on the 28th of October, 1872, and independent of all admission or proof upon the subject, the law would impute knowledge from that time. Upon the discovery of the father, by the oath of the mother of the child, it was the duty of the justice of the peace to enter judgment against the father, that he give security in the sum of eighty dollars to indemnify the County from all charges that might arise for the maintenance of such child; and if the alleged father felt himself aggrieved by the judgment of the justice, upon making such grievance known to the justice, it became the duty of the latter to require the putative father to enter into recognizance for his appearance at the next Circuit Court for the County, upon which that Court would have been required to take cognizance thereof, and such proceedings would have been thereupon had as in other criminal cases.

Code, Art. 13, secs. 2 and 5. This latter proceeding is the mode prescribed by which the judgment of the justice may be reviewed in the Circuit Court, and it is had at the instance and for the benefit of the putative father alone ; and the jurisdiction of the Circuit ²⁹⁰ Court to take cognizance of the case,