Gowell v. True
Supreme Judicial Court of Maine
This was a writ of error to reverse a judgment rendered before a Justice of the Peace, Jan. 1, 1839, against Gowell, the plaintiff in error, in an action in favor of True, as clerk of a company of militia, brought to recover a fine for absence from a-company training on September 11, 1838. One of the many errors assigned was, that Gowell had never been enrolled six months before the said eleventh day of September, 1838, and therefore was not liable to do military duty.
Read the full summary
This was a writ of error to reverse a judgment rendered before a Justice of the Peace, Jan. 1, 1839, against Gowell, the plaintiff in error, in an action in favor of True, as clerk of a company of militia, brought to recover a fine for absence from a-company training on September 11, 1838. One of the many errors assigned was, that Gowell had never been enrolled six months before the said eleventh day of September, 1838, and therefore was not liable to do military duty. Gowell became twenty-one years of age in Feb. 1838, and had resided within the limits of the company of which True was clerk…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
The act of Congress of 1792, 2d Cong. 1st Sess. c. 33, to provide for the national defence, by establishing an uniform militia throughout the United States, required that every citizen, liable to be enrolled in the militia, should provide himself with the necessary arms and equipments, within six months after notice of his enrolment, and being so armed and equipped, he is liable to be called out, trained and exercised, at such times and places, as may by law be duly appointed.
In the case of the Commonwealth v. Annis, 9 Mass. R. 31, it was decided,…
2Cases cited1 opinion
- Commonwealth v. AnnisMassachusetts Supreme Judicial Court · 1812