Davis v. McEnaney
Massachusetts Supreme Judicial Court
Complaint under the bastardy act, Pub. Sts. c. 85. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions in substance as follows.- The original complaint was addressed to, and subscribed and sworn to on October 30, 1888, before, “ Edward B. George, justice of peace,” without more.
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Complaint under the bastardy act, Pub. Sts. c. 85. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions in substance as follows.- The original complaint was addressed to, and subscribed and sworn to on October 30, 1888, before, “ Edward B. George, justice of peace,” without more. The warrant issued upon this complaint, and upon which the respondent was arrested and brought before the Police Court of Haverhill, was also signed on the same day by “Edward B. George, justice of the peace.” The record of the Police Court of Haverhill recited that, on October 31, 1888,…
1Opinion of the CourtField, J.
By the St. of 1885, c. 289, the original complaint in this case should have been made to “ a police, district, or municipal court, to .a clerk thereof, or to a trial justice.” By the papers in the case, it appears that it was made to Edward B. George, a justice of the peace, and it was sworn to before him as a justice of the peace. The fact that the copy of this complaint and the copies of all the other papers are certified by Edward B. George as “ Clerk of Police Court of Haverhill,” does not enable the court to take judicial notice that he was the clerk of that court at the time he received…
2Cases cited8 opinions
- Sabins v. JonesMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. WaitMassachusetts Supreme Judicial Court · 1881
- Duhamell v. DucetteMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1879
- Easdale v. ReynoldsMassachusetts Supreme Judicial Court · 1886
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3Cited by3 opinions
- Hudson v. RobertsSupreme Court of Connecticut · 1926
- Fogarty v. ConnellMassachusetts Supreme Judicial Court · 1891
- Prince v. GundawayMassachusetts Supreme Judicial Court · 1892