Legal Opinion

Rathbun v. Sawyer

New York Supreme Court

Decided July 15, 1836PublishedCited by 7 opinions

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

  1. People Ex Rel. Smith v. . HoffmanNew York Court of Appeals · 1901
  2. People Ex Rel. Garling v. . Van AllenNew York Court of Appeals · 1873
  3. Niblo v. Post's administratorsNew York Supreme Court · 1840
  4. People ex rel. Garling v. Van AllenNew York Court of Appeals · 1873
  5. People ex rel. Gambling v. Board of Police for the Metropolitan Police DistrictNew York Supreme Court · 1858

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