Legal Opinion

Connolly v. Anderson

Massachusetts Supreme Judicial Court

Decided March 15, 1873PublishedCited by 1 opinion

Tort for false imprisonment. The defendants justified under a mittimus, and other special matter, and denied the arrest.

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Tort for false imprisonment. The defendants justified under a mittimus, and other special matter, and denied the arrest. At the trial in the Superior Court, before Lord, J., the plaintiff claimed, and offered to prove, that on the 30th of March, 1870, he was arrested on a warrant, upon a complaint in bastardy, and on the 31st of March was ordered by the Municipal Court for the Southern District of the city of Boston to find sureties in the sum of $400 for his appearance at the Superior Court, holden at Boston, in and for the county of Suffolk, for civil business, on the first Tuesday of April…

1Opinion of the CourtAmes, J.

The main question raised in this case is fully disposed of by the recent decision of Young v. Makepeace, 103 Mass. 54. It is there pointed out that under the modification in the Gen. Sts. c. 72, § 7, of the former statutes upon this subject, the final order of affiliation may be passed upon the default of the putative father, and when he is not present in court. The final judgment is that “ he stand charged with the maintenance,” &c., “ in such manner as the court shall order, and shall give bond with sureties to perform said order.” The statute provides also that “he may be committed to…

2Cases cited1 opinion

  1. Young v. MakepeaceMassachusetts Supreme Judicial Court · 1869

3Cited by1 opinion

  1. Commonwealth v. FeltonCambria County Court of Quarter Sessions · 1959

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