Mariner v. Dyer
Supreme Judicial Court of Maine
This was a certiorari, brought to quash the record of the Common Pleas, in a prosecution upon the bastai'dy act in which the present plaintiff was accused by Almira Dyer of being the father of her Illegitimate child.
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This was a certiorari, brought to quash the record of the Common Pleas, in a prosecution upon the bastai'dy act in which the present plaintiff was accused by Almira Dyer of being the father of her Illegitimate child. It appeai’ed from the record sent up that Mariner, had been apprehended upon a Justice’s warrant issued upon the complaint of Almira Dyer, and that he entered into a recognizance before the Justice, conditioned for his appearance at the Circuit Court of Common Pleas at March term, 1820, to answer to the ^complaint against him. At that term he appeared by his attorney who caused…
1Opinion of the Court
Weston J.
In the proceedings before the justice, the party accused recognized for his appearance before the next Circuit Court of Common Pleas, to answer to thé complaint preferred against him; instead of giving bond according to the statute. At the next term of the Common Pleas he appeared by attorney to answer to the complaint, and also at the succeeding term; as appears by the record before us. It has been decided that a recognizance, taken in a proceeding of this sort, is inoperative and cannot be enforced against the recognizors. Merrill v. Prince, 7 Mass. 396. The justice should bind the…
2Cases cited1 opinion
- Merrill v. PrinceMassachusetts Supreme Judicial Court · 1811
3Cited by4 opinions
- Thomas v. MeadSupreme Court of Missouri · 1865
- State Ex Rel. Pulitzer Publishing Co. v. ColemanSupreme Court of Missouri · 1941
- People v. WingMichigan Supreme Court · 1898
- State Ex Rel. Pulitzer Publishing Co. v. ColemanSupreme Court of Missouri · 1941