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63 Mass. 283

Commonwealth v. Davis

Massachusetts Supreme Judicial Court · decided 1852-03-15

This was an indictment for cheating by false pretences, tried before Byington, J., in the municipal court of the- city of Boston; and the defendant, being there convicted, filed his exceptions, upon which the case came into this court.

Decided 1852-03-15

By the Court.

¶1We see nothing in the circumstances mentioned in the bill of exceptions to take this case out of the common rule, that money held by a married woman, for the support of herself and children, is, in contemplation of law, the property of the husband, and must so be averred, when, in pleading, an averment of property is necessary. Commonwealth v. Manley, 12 Pick. 173.

¶2Exceptions sustained.

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