Commonwealth v. Inhabitants of Phillipsburg
Massachusetts Supreme Judicial Court
The defendants were indicted at a former term for neglecting to repair a certain bridge within their town. Since the indictment was found, the legislature, by an act passed on the 22d of.January, 1812, altered the name of the town from Phillipsburg to Hollis. The defendants at this term suggested the above alteration, and, upon the ground of it, moved the Court to quash the indictment.
1Opinion of the Court
Curia.
We cannot change the name of the defendants in the indictment; nor is there any occasion for it. We have no difficulty in proceeding upon the indictment as it stands; nor in inflicting a fine and awarding execution against the defendants by the name of the inhabitants of Phillipsburg. If a feme sole intermarries pending an action against her, the action still proceeds against her by her former name; and she may be taken on execution, notwithstanding her coverture.
So neither the defendants nor the attorney-general took any thing by their respective motions.
2Cited by5 opinions
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- Sumner v. PinneySupreme Court of Vermont · 1859