Legal Opinion

Commonwealth v. Acker

Massachusetts Supreme Judicial Court

Decided January 1, 1908PublishedCited by 32 opinions

Complaint, received and sworn to on May 25,1907, in the Lynn Police Court under St. 1906, c. 501, charging the defendant with failing to provide for the support of his minor child Percy W. Acker. At the trial in the Superior Court the case was presented to Bell, J., upon an agreed statement of facts, the substance of which is stated in the opinion.

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Complaint, received and sworn to on May 25,1907, in the Lynn Police Court under St. 1906, c. 501, charging the defendant with failing to provide for the support of his minor child Percy W. Acker. At the trial in the Superior Court the case was presented to Bell, J., upon an agreed statement of facts, the substance of which is stated in the opinion. The defendant asked the judge to rule, first, that the court had no jurisdiction and, second, that on the agreed statement of facts the defendant was entitled to an acquittal on the ground that the child was not and never had been a resident of…

1Opinion of the CourtKnowlton, C. J.

The complaint on which the defendant was convicted charged that at Lynn, in the county of Essex, he, “being of sufficient ability, did unreasonably neglect to provide for the support of his minor child Percy W. Acker.” The defendant was then living in Lynn, and his wife was living apart from him in this Commonwealth. They were both subjects of Great Britain, having formerly lived in Nova Scotia, where they separated more than seven years ago. Their child Percy W. Acker was born there, and has never been in this Commonwealth. The defendant was neglecting to provide for the support of this…

2Cases cited4 opinions

  1. Viles v. City of WalthamMassachusetts Supreme Judicial Court · 1893
  2. Inhabitants of Wilbraham v. Inhabitants of LudlowMassachusetts Supreme Judicial Court · 1868
  3. Olivieri v. AtkinsonMassachusetts Supreme Judicial Court · 1897
  4. McConnell v. KelleyMassachusetts Supreme Judicial Court · 1885

3Cited by32 opinions

  1. Rummel v. PetersMassachusetts Supreme Judicial Court · 1943
  2. Commissioner of Corporations & Taxation v. DaltonMassachusetts Supreme Judicial Court · 1939
  3. State v. MoranSupreme Court of Connecticut · 1923
  4. Commonwealth v. TwitchellMassachusetts Supreme Judicial Court · 1993
  5. Commonwealth v. DornesMassachusetts Supreme Judicial Court · 1921

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