Bassett v. Howorth
Massachusetts Supreme Judicial Court
Bastardy process. In the superior court, the defendant moved to dismiss the complaint on the ground of insufficient service of the warrant, and in support of his motion produced the record, from which it appeared that the defendant was arrested by a deputy of the constable of the Commonwealth on a warrant issued from the municipal court of Boston and addressed to the sheriff of Suffolk, or his deputies, or to either of the constables of Boston; but Devens, J., on inspection…
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Bastardy process. In the superior court, the defendant moved to dismiss the complaint on the ground of insufficient service of the warrant, and in support of his motion produced the record, from which it appeared that the defendant was arrested by a deputy of the constable of the Commonwealth on a warrant issued from the municipal court of Boston and addressed to the sheriff of Suffolk, or his deputies, or to either of the constables of Boston; but Devens, J., on inspection of the record, disallowed the motion, and the defendant alleged exceptions.
1Opinion of the CourtAmes, J.
The warrant upon which this defendant was arrested was served by an officer to whom it was not directed. It *225was also served by an officer who has no legal authority to serve such warrants, even if it had been directed to him, except in a special and very limited class of cases; and even then it would be necessary, in order to render it strictly formal and regular, that it should appear on the face of the warrant that the special circumstances of the case were such that he could lawfully serve it. Wood v. Ross, 11 Mass. 271. Brier v. Woodbury, 1 Pick. 362. Carlisle v. Weston, 21 Pick. 535.…
2Cases cited1 opinion
- Wood v. RossMassachusetts Supreme Judicial Court · 1814
3Cited by4 opinions
- Kimball v. SweetMassachusetts Supreme Judicial Court · 1897
- Brown v. KelloggMassachusetts Supreme Judicial Court · 1902
- Burrows v. MortonMassachusetts Supreme Judicial Court · 1898
- State v. HallSupreme Judicial Court of Maine · 1885