Tacey v. Noyes
Massachusetts Supreme Judicial Court
Complaint under the bastardy act, Pub. Sts. c. 85, beginning as follows: “ The voluntary complaint, examination, and accusation of Nellie Tacey, of Lowell, in the county of Middle-sex, single woman, taken on oath before the justice of the Police Court of Lowell; ” and upon which was a certificate of the clerk, reciting that it was sworn to “ before said court.”
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Complaint under the bastardy act, Pub. Sts. c. 85, beginning as follows: “ The voluntary complaint, examination, and accusation of Nellie Tacey, of Lowell, in the county of Middle-sex, single woman, taken on oath before the justice of the Police Court of Lowell; ” and upon which was a certificate of the clerk, reciting that it was sworn to “ before said court.” In the Superior Court, the respondent moved to dismiss the complaint, for the following reasons: “ 1. The said complaint was irregularly received and sworn to. 2. It appears by said complaint that the same was made before the justice…
1Opinion of the CourtC. Allen, J.
The respondent introduced no evidence to show that, in point of fact, the complaint was sworn to before the justice of the Police Court when the court was not in session; but contends that this must be assumed from the language of the complaint itself, the words being, “ The voluntary complaint, &c., taken on oath before the justice of the Police Court of Lowell.” These words are consistent with its being sworn to either in court or out of court; and, if sworn to in court, the clerk was the proper person to make the certificate. From the fact that the certificate was made by the clerk, and…
2Cases cited1 opinion
- Sabins v. JonesMassachusetts Supreme Judicial Court · 1875
3Cited by1 opinion
- Scott v. DonovanMassachusetts Supreme Judicial Court · 1891