Legal Opinion

Brett v. Murphy

Supreme Judicial Court of Maine

Decided June 1, 1888PublishedCited by 4 opinions

On exceptions from superior court. The opinion states the case. cited : Doyen v. Leavitt, 76 Maine, 247; Herring v. Policy, 8 Mass. 113; Chase v. Gilman, 15 Maine, 64; Eldridge v. Preble, 34 Maine, 148. The record shows that a verdict of guilty was returned in the bastardy suit on the ninth day of the term ; and proceeds to show what was further done on the same da}7, in the following words: " And now, after verdict of guilty, the said respondent, Edgar C. Murphy, is…

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On exceptions from superior court. The opinion states the case. cited : Doyen v. Leavitt, 76 Maine, 247; Herring v. Policy, 8 Mass. 113; Chase v. Gilman, 15 Maine, 64; Eldridge v. Preble, 34 Maine, 148. The record shows that a verdict of guilty was returned in the bastardy suit on the ninth day of the term ; and proceeds to show what was further done on the same da}7, in the following words: " And now, after verdict of guilty, the said respondent, Edgar C. Murphy, is adjudged to be the father of the complainant’s child and stands charged with its maintenance with the assistance of the mother,…

1Opinion of the CourtEmery, J.

This was an action of debt upon a bond given in bastardy proceedings under section 3, c. 97, R. S. The main question was whether the sureties had become discharged from the bond by a seasonable surrender of the principal in courts as provided in section 4.

In the original bastardy proceedings, the respondent had been found guilty by the jury. It does not appear that any motion or exceptions were interposed, or suggested, or that any delay was asked. The court, presumably without objection, on the same day made the adjudication and order contemplated in section 7.

This was the final judgment in…

2Cited by4 opinions

  1. Cousins v. HooperSupreme Judicial Court of Maine · 1966
  2. White v. KeiltySupreme Court of Connecticut · 1941
  3. Southard v. PeopleSupreme Court of Colorado · 1923
  4. State v. EsdaleAlabama Court of Appeals · 1949

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