McGrath v. Conway
Massachusetts Supreme Judicial Court
Contract against the principal and sureties upon a penal bond, dated February 15,1873, payable to the plaintiff, and conditioned that the defendant Conway should appear at the March term 1873 of the Superior Court at Springfield, and answer to a complaint made by the plaintiff on her examination on oath before the Police Court of Chicopee, charging him with being the father of a bastard child of which she had been delivered, and that he should abide the order of the Superior…
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Contract against the principal and sureties upon a penal bond, dated February 15,1873, payable to the plaintiff, and conditioned that the defendant Conway should appear at the March term 1873 of the Superior Court at Springfield, and answer to a complaint made by the plaintiff on her examination on oath before the Police Court of Chicopee, charging him with being the father of a bastard child of which she had been delivered, and that he should abide the order of the Superior Court thereon. The case was heard in the Superior Court by Aldrich, J., without a jury, who allowed a bill of…
1Opinion of the CourtAmes, J.
The condition of the bond, according to the literal import of its terms, requires that the defendant in the original process should appear at the term at which it was returnable. It is true that, under the changes introduced into the practice in cases of this kind, by the Gen. Sts. c. 72, § 7, the personal appearance of the defendant has not the importance which it had under the earlier statutes; Jordan v. Lovejoy, 20 Pick. 86; and the decree of affiliation may be passed, whether he appears or not. Young v. Makepeace, 103 Mass. 50. But as he has distinctly bound himself to appear, his failure…
2Cases cited1 opinion
- Young v. MakepeaceMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Corson v. DunlapSupreme Judicial Court of Maine · 1890
- Tracy v. HoweMassachusetts Supreme Judicial Court · 1875
- Fitzpatrick v. NordstromMassachusetts Supreme Judicial Court · 1900