Johnson v. Randall
Massachusetts Supreme Judicial Court
The writ in this case was a scire facias commenced in the Court of Common Pleas, praying for an execution upon a recognizance, entered into by the original defendant to the plaintiff before a justice of the peace, conditioned to appear in the Municipal Court, and there to answer to the plaintiff, on a charge of being the putative father of her bastard child. The writ alleges that the defendant was called to appear at the Municipal Court, but made default.
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The writ in this case was a scire facias commenced in the Court of Common Pleas, praying for an execution upon a recognizance, entered into by the original defendant to the plaintiff before a justice of the peace, conditioned to appear in the Municipal Court, and there to answer to the plaintiff, on a charge of being the putative father of her bastard child. The writ alleges that the defendant was called to appear at the Municipal Court, but made default. There is a demurrer with causes, and a joinder in demurrer, on which the plaintiff below had an award of execution. The demurrer was argued…
1Opinion of the Court
At an adjournment of this term, holden on the 29th of July, the opinion of the Court was delivered to the following effect by
Parsons, C. J.
The point made by the defendant’s counsel came before us, in the case of Merrill vs. Prince, (2) at the last term in Cumberland; and the Court were clearly of opinion that a justice could only bind the putative father to answer by requiring a bond from him, and not a recognizance. That case will be reported, with the reasons at large of the opinion of the Court.
The statute mentions a bond as .the security to be given by the putative father. And when the…
2Cited by9 opinions
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Nelson v. SandersonMassachusetts Supreme Judicial Court · 1934
- Fish v. WeatherwaxNew York Supreme Court · 1801
- National Surety Co. v. NazzaroMassachusetts Supreme Judicial Court · 1919
- Pate v. PeopleIllinois Supreme Court · 1853
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