Davis v. Carpenter
Massachusetts Supreme Judicial Court
Complaint, dated July 27,1897, under the bastardy act, Pub. Sts. c. 85, describing the complainant as of Clarksburg in this Commonwealth. The respondent filed a plea in abatement, alleging that the complainant’s residence was in Readsboro in the State of Vermont, and not in Clarksburg in this Commonwealth. The complainant also filed a supplemental complaint, setting forth the birth of the child since the original complaint, and joined issue upon the plea.
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Complaint, dated July 27,1897, under the bastardy act, Pub. Sts. c. 85, describing the complainant as of Clarksburg in this Commonwealth. The respondent filed a plea in abatement, alleging that the complainant’s residence was in Readsboro in the State of Vermont, and not in Clarksburg in this Commonwealth. The complainant also filed a supplemental complaint, setting forth the birth of the child since the original complaint, and joined issue upon the plea. The respondent then, by leave of court, filed a second plea, averring that, at the time when the child was alleged to have been begotten by…
1Opinion of the CourtHammond, J.
The second plea was not in abatement, but in bar. It set out enough to show, not only that the present action could not be maintained, but that there was no cause of action under the statute. Allin v. Connecticut River Lumber Co. 150 Mass. 560. 1 Chitty, Pleading, (16th Am. ed.) 462. Grant v. Barry, 9 Allen, 459.
*173The issues raised by the first plea and this second plea were tried together without a jury, and the court, after hearing the evidence, “ overruled both pleas.” We do not understand by this entry that the ruling was that the facts set forth in the second plea would not, if proved,…
2Cases cited1 opinion
- Allin v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1890
3Cited by12 opinions
- Welchek v. StateCourt of Criminal Appeals of Texas · 1922
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Commonwealth v. DornesMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. LanoueMassachusetts Supreme Judicial Court · 1950
- Flores v. StateSupreme Court of Florida · 1916
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