Conefy v. Holland
Massachusetts Supreme Judicial Court
Complaint under the bastardy act, Pub. Sts. c. 85, by a minor sixteen years of age. At the trial in the Superior Court before Blodgett, J., it appeared that in the Fourth District Court of Eastern Middlesex the action was assigned for hearing on November 15, 1897, at which time neither party appearing, it was continued nisi, and that on February 17, 1898, it was marked for trial on February 26,1898, on which day the respondent filed the following motion to dismiss. “ First.
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Complaint under the bastardy act, Pub. Sts. c. 85, by a minor sixteen years of age. At the trial in the Superior Court before Blodgett, J., it appeared that in the Fourth District Court of Eastern Middlesex the action was assigned for hearing on November 15, 1897, at which time neither party appearing, it was continued nisi, and that on February 17, 1898, it was marked for trial on February 26,1898, on which day the respondent filed the following motion to dismiss. “ First. For the re'ason that it is improperly marked and assigned for trial here to-day in that on some date after November 15,…
1Opinion of the CourtBarker, J.
The first reason alleged in the motion to dismiss, that the complaint in the District Court was at some time continued nisi by that court, is not argued by the defendant. As complaints under the bastardy act Pub. Sts. c. 85, are now civil suits, the provisions of Pub. Sts. c. 212, § 26, as to adjournment of trials in criminal cases do not apply to them, and there seems to be no good reason why they may not be continued as other ' civil causes. The action was entered in the Superior Court and the supplementary complaint filed on October 12, 1898. The bill of exceptions shows that the motion to…
2Cases cited3 opinions
- Commonwealth v. MaloneyMassachusetts Supreme Judicial Court · 1887
- Davis v. CarpenterMassachusetts Supreme Judicial Court · 1898
- Prince v. GundawayMassachusetts Supreme Judicial Court · 1892
3Cited by4 opinions
- Robinson v. CommonwealthMassachusetts Supreme Judicial Court · 1922
- State Ex Rel. Pierce v. WilliamsWest Virginia Supreme Court · 1923
- Corcoran v. HigginsMassachusetts Supreme Judicial Court · 1907
- Durst v. GriffithOhio Court of Appeals · 1932