Rathbun v. Sawyer
New York Supreme Court
This was a certiorari to a militia regimental court martial in the county of Monroe, instituted for the trial of delinquents and delinquencies in „the 178th regiment of infantry. A return was made to the president of the court martial of delinquents in a company belonging to that regiment, in which Rathbun,the party prosecuting the certiorari,was returned for unsoldier like appearance and disobedience of orders, at a general parade of the regiment.
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This was a certiorari to a militia regimental court martial in the county of Monroe, instituted for the trial of delinquents and delinquencies in „the 178th regiment of infantry. A return was made to the president of the court martial of delinquents in a company belonging to that regiment, in which Rathbun,the party prosecuting the certiorari,was returned for unsoldier like appearance and disobedience of orders, at a general parade of the regiment. The court martial made a return to the certiorari, stating that Rathbun appeared before them in pursuance of a summons duly served ; that the…
1Opinion of the Court
By the Court,
Nelson, J.
The charge against Rathbun was' abundantly established by the evidence; whether, however* it was so or Hot, were there any doubt in respect to it, we would not inquire on a certiorari in a case like the present. The facts or evidence before the court are not to be returned any farther than what is necessary to enable this court to determine upon a point of jurisdiction, or other question of law arising in the course of the proceeding^. The return of the commandant of the company was prima facie sufficient, 1R. S. 304, §28, 33, and the court martial had authority to…
2Cited by7 opinions
- People Ex Rel. Smith v. . HoffmanNew York Court of Appeals · 1901
- People Ex Rel. Garling v. . Van AllenNew York Court of Appeals · 1873
- Niblo v. Post's administratorsNew York Supreme Court · 1840
- People ex rel. Garling v. Van AllenNew York Court of Appeals · 1873
- People ex rel. Gambling v. Board of Police for the Metropolitan Police DistrictNew York Supreme Court · 1858
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