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75 Mass. 399

Murphy v. Spence

Massachusetts Supreme Judicial Court

Decided October 15, 1857

Massachusetts Supreme Judicial Court · decided 1857-10-15

Bastardy process. The record of the justice of the peace, to whom the complaint was originally made, after stating the complaint and warrant, the defendant’s arraignment and plea of not guilty, stated that “ after due and full examination it is considered by ” the justice “ that he is guilty of the offence charged here against him,” and he was ordered to give bond for his appearance at August term 1857 of the court of common pleas.

Decided 1857-10-15

Shaw, C, J.

¶1That the complainant should have charged the respondent in the time of her travail is a condition precedent to maintaining her complaint. Under the former law, she could only be a witness, on proving such accusation by another witness. But by St. 1857, c. 305, she is made a competent witness, because this is a civil proceeding. Reardon v. Russell, ante, 366. She is therefore a witness for all purposes, and may testify to the fact of such accusation.

¶2The other rulings at the trial were right. The objections not made at the trial are not open now. Exceptions overruled.

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