Fogarty v. Connell
Massachusetts Supreme Judicial Court
Complaint under the bastardy act, Pub. Sts. c. 85, to the District Court of East Norfolk. The papers transmitted to the Superior Court, consisting of the original complaint, the warrant, the appearance bond, and the judgment, bore at the end thereof the following: “ Record attest, J. White Belcher, Clerk.”
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Complaint under the bastardy act, Pub. Sts. c. 85, to the District Court of East Norfolk. The papers transmitted to the Superior Court, consisting of the original complaint, the warrant, the appearance bond, and the judgment, bore at the end thereof the following: “ Record attest, J. White Belcher, Clerk.” The original complaint and the warrant, which were not separately certified to and attested by the clerk, recited that the former was made to the “ justice ” of the district court, and that the latter was issued by him. The judgment, after reciting that the respondent, “ at the District…
1Opinion of the CourtField, C. J.
It is difficult to deal intelligently with this appeal, because apparently the record is not complete. The respondent was defaulted, and a motion to take off the default was overruled, but whether, except for the purpose of making this motion, the respondent did or did not appear generally in the Superior Court, after the supplemental complaint was filed, is not shown by the record before us. If he did appear generally in that court, he probably waived all objections to the record sent up by the district court. Davis v. McEnaney, 150 Mass. 451. If it be assumed that the questions of law which…
2Cases cited6 opinions
- Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
- Sabins v. JonesMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. WaitMassachusetts Supreme Judicial Court · 1881
- Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
- Biggane v. RossMassachusetts Supreme Judicial Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Commonwealth v. QuigleyMassachusetts Supreme Judicial Court · 1897
- Prince v. GundawayMassachusetts Supreme Judicial Court · 1892