Merrill v. Prince
Massachusetts Supreme Judicial Court
This was a writ of scire facias, sued by the plaintiff to have execution upon a recognizance taken before a justice of the peace for this county, in which the defendant recognized as one of the sureties to the plaintiff, for the appearance of one Hugh Prince at the then next term of the Court of Common Pleas, to answer to the plaintiff upon her complaint against him for getting her with child, alleging that the child, of which she was then pregnant, if born alive, would be a…
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This was a writ of scire facias, sued by the plaintiff to have execution upon a recognizance taken before a justice of the peace for this county, in which the defendant recognized as one of the sureties to the plaintiff, for the appearance of one Hugh Prince at the then next term of the Court of Common Pleas, to answer to the plaintiff upon her complaint against him for getting her with child, alleging that the child, of which she was then pregnant, if born alive, would be a bastard. The defendant prayed oyer of the recognizance, and thereupon, by leave of the court below, pleaded five…
1Opinion of the CourtParsons, C. J.
The complaint made by the plaintiff to the magistrate, upon which the recognizance sued in this action was taken, is founded on the statute of 1785, c. 66, and is given to enable her to compel the putative father of her child to contribute to its maintenance when born. The pregnant woman may, under the provisions of this statute, complain to a justice of the peace, who may thereupon cause the party, accused as the putative father, to be brought before him on warrant; and on the examination of the woman, he may bind the party accused, with sufficient surety or surtiicy to appear and answer at…
2Cited by10 opinions
- Nelson v. SandersonMassachusetts Supreme Judicial Court · 1934
- Clark v. PettyOhio Supreme Court · 1876
- National Surety Co. v. NazzaroMassachusetts Supreme Judicial Court · 1919
- Mariner v. DyerSupreme Judicial Court of Maine · 1822
- Towns v. HaleMassachusetts Supreme Judicial Court · 1854
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