Meredith v. Wall
Massachusetts Supreme Judicial Court
Complaint under Gen. Sts. c. 72, concerning the maintenance of bastard children. The case was submitted to the superior court upon agreed facts, of which the following are those material to the points raised in defence: The child was born in November 1860 and died in October 1862, and the defendant was its father, and its mother maintained it during its life.
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Complaint under Gen. Sts. c. 72, concerning the maintenance of bastard children. The case was submitted to the superior court upon agreed facts, of which the following are those material to the points raised in defence: The child was born in November 1860 and died in October 1862, and the defendant was its father, and its mother maintained it during its life. On the 1st of June 1860 the plaintiff made a complaint against the defendant under the bastardy act before the police court of Lowell, and a warrant issued thereon, but owing to the immediate departure of the defendant from the…
1Opinion of the CourtBigelow, C. J.
A complaint against the defendant for the same cause as that set forth in the present proceedings, made before a police court five years. previously to the commencement of the- present suit, on which no proceedings have been had, and which has not been continued or brought forward *156on the docket of the court, cannot be deemed to be a pending suit in any such sense as to operate in abatement of the present proceedings. The first complaint may well be regarded as having been abandoned. No service of a process issued thereon has ever been made on the defendant, nor has he been subjected to the…
2Cited by1 opinion
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