Hanlan's Case
Massachusetts Supreme Judicial Court
Habeas corpus. The petitioner, who was arrested November 9, 1874, upon a warrant issued by the Second District Court of Plymouth, upon the complaint Of Mary McQueeney under the bastardy act, was brought before that court and there gave bond with surety for his appearance to answer the complaint in the Superior Court, and abide the order of the court thereon.
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Habeas corpus. The petitioner, who was arrested November 9, 1874, upon a warrant issued by the Second District Court of Plymouth, upon the complaint Of Mary McQueeney under the bastardy act, was brought before that court and there gave bond with surety for his appearance to answer the complaint in the Superior Court, and abide the order of the court thereon. At the return term of the Superior Court, the surety in the bond surrendered his principal in open court, and he was committed to the Plymouth County Jail under an order of the Superior Court “ to abide the further order of the court,”…
1Opinion of the CourtDevens, J.
The bond which may be required by the court or justice in a process of this character under the Gen. Sts. c. 72, § 4, for the appearance of the respondent at the Superior Court, is to remain in force until final judgment. Gen. Sts. c. 72, § 5. But it is further provided by § 5, “ that if the sureties in the bond at any term of said court object to being longer held liable, or if the court for any cause deems it proper, the court may order a new bond to be taken; and the defendant shall stand committed until he gives such new bond.”
This provision does not enable the sureties in such a bond to…
2Cited by1 opinion
- Fitzpatrick v. NordstromMassachusetts Supreme Judicial Court · 1900