Burt v. Ayers

Decided November 5, 1874

Massachusetts Supreme Judicial Court · decided 1874-11-05

Complaint under the bastardy act, Gen. Sts. c. 72. Trial in the Superior Court, before Dewey, J., on the supplementary complaint, which was as follows: “ Sarah E. Burt, singlewoman, alleges that heretofore, to wit, on the 22d day of July, A. D. 1873, before the justice of the police court, within and for the city of Salem, in said county of Essex, she made complaint that she was pregnant with a child, and that said child if born alive might be a bastard, and accused James D.…

Cited by 2 later decisions — most recently November 1889

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-11-05

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By the Court.

¶1The supplementary complaint in a bastardy process is not the foundation of the proceedings, but only an alie*265gation of the material facts with a view to a convenient and orderly trial. Chapel v. White, 3 Cush. 537. Reed v. Haskins, ante, 198. The objections to its form in this case are groundless. It is in the name of the complainant and signed by her attorney j and it alleges that the respondent is the father of her child, and begot her with child at a time and place which it states, and sets forth all the other facts necessary to charge him.

¶2Exceptions overruled.