Mahoney v. Crowley
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Appleton, J. Bastardy Process. The respondent was examined before the Police Court of Bangor, and was ordered by that Court to give bond for his appearance at this Court at its term to be held Nov. 1852, “for the transaction of criminal business.” The complaint was entered at that term. The respondent moved that it be dismissed for want of jurisdiction, alleging that it pertained, not to the criminal, but to the civil department of the law.
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On Exceptions from Nisi Prius, Appleton, J. Bastardy Process. The respondent was examined before the Police Court of Bangor, and was ordered by that Court to give bond for his appearance at this Court at its term to be held Nov. 1852, “for the transaction of criminal business.” The complaint was entered at that term. The respondent moved that it be dismissed for want of jurisdiction, alleging that it pertained, not to the criminal, but to the civil department of the law. The motion was overruled, and the respondent excepted, the verdict being against him.
1Opinion of the Court
Shepley, C. J. —
The Act of April 9, 1852, provides, that terms of Court shall be holden in this and certain other counties “ for the transaction only of the civil business of said Court,” and that certain other terms shall be holden “for the transaction of all the criminal business thereof.” The question presented is, whether the Court, at a term holden for the transaction of criminal business, had jurisdiction of a prosecution for the maintenance of bastard children.
The question has been fully considered and decided by the Courts in New Hampshire, Massachusetts and Connecticut, upon statutes…
2Cases cited2 opinions
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
- Hinman v. TaylorSupreme Court of Connecticut · 1817
3Cited by1 opinion
- State v. SullivanSupreme Court of Rhode Island · 1878