Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-23
Is Judgment For Support of
Child Born Out of Wedlock
Fr0vable Debt?
REGULARITY OF IOWA LAW.
Des Moines Man Seeks to Have the
Bankruptcy Court Liquidate His
Obligation to Support Child of Cora
Fairchild, Which Was Born Out of
WedIock.

Des Moines, June 23.-Judge McNey,
of the district court during the next
few days will hand down a decision
on a question which has never before
been raised in this state and because
of the popularity of the Iowa law
there is no exact parallel in any other
state. Arguments on the point were
made before him yesterday afternoon
in the injunction proceedings COM
menced against Sheriff Mattern and
Cora Fairchild by S. G.. Wilson and he
has taken the case under advisement.
for the support of a child born out of
wedlock a provable debt and one such
as may be liquidated by discharge in
bankruptcy" In court yesterday law
yers stood up and said aye and nay and
each gave his reasons for the side of
the question on which he stood. That
ii is not provabe debt is maintained
by the legal representatives of Cora
Fairchild because it is not an obiga-
ton which resulted from a contract be-
tween the parties. That it is n prov
able debt is held by Wilson'S lawyers
on the ground that the judgement is
the result under the code of Iowa of a
civil action and not of a criminal pro-
ceedings. This popularity of the Iowa
law caused considerable discussion in
the action yesterday. The Iowa law
looks upon a man guilty of being the
father of an unlawful child not as a
criminal but as one indebted to society
for the support of the child. According
ly while an action against a man on
this charge is brought in the name OF
the state 1t is purely civil and the de-
PENDANT cannot be Imprisoned upon be-
ing found guilty or even during the
progress of the trial. The only result
can be discharge or rendering of
a judgment against the defendant for a
sum to be used for the support of the
child with the intent that it shall not
become a charge at any time upon the
public. To ,aw cc. No Mould dis
solve the temporary injunction granted
against Sheriff Mattern to restrain him
from selling property levied upon TO
satisfy a judgment against Wilson,
have pointed out that in other states
it has been held by the court that
debt of this kind is not provable. Their
opponent come back with the showing
that in these states the act of the man
is looked upon as criminal whereas it
is not here.
The representatives of Cora Fair
child maintain the judgment given
against Wilson cannot be fully liquda
ted until the child is twelve years of
age, as up to that time the court may
alter his Judgment by making the
amount greater and that accordingly
it is not a provable debt.
The question was mooted for a num-
Der of hours and citations from federal
and state court rulings We're presented
to the judge. Considerable interest is
manifested in the matter and the deci-
sion of Judge McVey is being anxious
~ awaited by the entire legal frater-
nifty.
The matter was brought about after
considerable legal maneuverng Cora
Fairchild secured a Judgment against
S. G. Wilson for $1,000 as she alleged
he was the father of her child. Will
son went into bankruptcy and was dis
charged by the judge of the United
States district court. Recently Sheriff
Mattern levied upon property of Will
sons and had advertised it for sale to
satisfy the judgment of Cora Fair
child, when Wilson secured a tempor-
airy injunction The hearing yesterday
was on Wilson's petition to make the
Injunction permanent permanent