Legal Opinion

Commonwealth v. Cole

Massachusetts Supreme Judicial Court

Decided October 15, 1809PublishedCited by 10 opinions

This was a writ of certiorari, issued on the defendant’s motion, directed to the Court of Common Pleas for this county, commanding them to certify the proceedings had in that Court, upon the complaint of Lucinda Andrews against the defendant.

1Opinion of the Court

The action being continued nisi, the opinion of the Court was given at the next March term, in Boston, by

* Parsons, C. J.

As the mother of a bastard child is an interested witness, receiving from the putative father any money he may be ordered to pay towards the maintenance of the child, which she must wholly maintain, unless she can compe him to assist her ; when the statute of 1785, c. 66., giving this suit, directs that she shall be admitted as a competent witness, it also provides as a security for her veracity, that she also charge the man whom she may prosecute, with being the father, in…

2Cited by10 opinions

  1. Commonwealth v. HallMassachusetts Supreme Judicial Court · 1948
  2. Baker v. StewartSupreme Court of Kansas · 1888
  3. Drowne v. StimpsonMassachusetts Supreme Judicial Court · 1807
  4. Willard v. HarveySuperior Court of New Hampshire · 1852
  5. Wentworth v. RemickSupreme Court of New Hampshire · 1866

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