Davis v. Misiano

During her third trimester of pregnancy, the plaintiff filed a complaint in the Probate Court seeking support for herself, as well as prenatal and continuing support for the child she was then carrying. The court was also asked to appoint a guardian ad litem to represent the fetus. The probate judge was of opinion that the court lacked jurisdiction over the subject matter, and therefore dismissed the complaint sua sponte. On this appeal, we consider whether the asseverations of the complaint were sufficient to state a cause of action within the jurisdiction of that court.

The facts alleged may…