Biggane v. Ross
Massachusetts Supreme Judicial Court
Bastardy process. In the Superior Court, after a verdict of guilty, the respondent moved in arrest of judgment, because only copies of the original papers of the proceedings before the Police Court of Cambridge, to which the complaint was origi-. nally made, were in court. Allen, J., overruled the motion, and passed the order of affiliation; and the respondent appealed to this court.
1Opinion of the CourtAmes, J.
In bastardy proceedings, the Superior Court exercises an original and not an appellate jurisdiction. The magistrate who issues the warrant can only proceed so far as is necessary, under the statute, to require the respondent to give bond for his appearance at the higher court. Thompson v. Kenney, 110 Mass. 317. Kennedy v. Shea, 110 Mass. 152. The case was therefore not transferred to the Superior Court by appeal or removal; and the St. of 1876, e. 60, furnishes no reason why the case may not be tried upon certified copies, instead of the original papers. The judgment of the Superior Court is…
2Cases cited2 opinions
- Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
- Thompson v. KenneyMassachusetts Supreme Judicial Court · 1872
3Cited by3 opinions
- O'Brien v. StateCourt of Appeals of Maryland · 1915
- Easdale v. ReynoldsMassachusetts Supreme Judicial Court · 1886
- Fogarty v. ConnellMassachusetts Supreme Judicial Court · 1891