Maloney v. Piper
Massachusetts Supreme Judicial Court
Bastardy PROCESS under the Gen. Sts. c. 72. A warrant was issued, and the defendant gave bond to appear and answer at the next term of the superior court.
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Bastardy PROCESS under the Gen. Sts. c. 72. A warrant was issued, and the defendant gave bond to appear and answer at the next term of the superior court. At that term, it appeared by the copy of the preliminary proceedings certified to the court, that they were all had before Charles H. Merriam, a “ trial justice,” and his signature to the certificate bore that addition to his name; and on the trial Devenís, J., admitted the copy so certified as competent evidence of those proceedings. The complainant was a witness in her own behalf, and on cross-examination denied that she rode or walked…
1Opinion of the CourtGray, J.
The only objection to the admission in evidence, in the superior court, of the copy of the proceedings before the magistrate, which was relied on in argument, was that the case purported to have been heard and the copy attested by Charles H. Merriam, a trial justice, when the law required such proceedings to be had before, and attested by, a justice of the peace.
*234By the existing statutes of the Commonwealth, all justices of. the peace have civil jurisdiction, and a certain number of them are designated and commissioned to try criminal cases, and are styled trial justices. Gen. Sts. o. 120, §§…
2Cases cited3 opinions
- President of Middlebury College v. CheneySupreme Court of Vermont · 1828
- Clement v. KimballMassachusetts Supreme Judicial Court · 1868
- Carter v. ClohecyMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Lohsen v. LawsonSupreme Court of Vermont · 1934
- State v. EichmillerSupreme Court of Minnesota · 1886
- Gregory v. StateSupreme Court of Oklahoma · 1927
- Mead v. BowkerMassachusetts Supreme Judicial Court · 1897