People v. Allen
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit in September, 1829. It was proved that the president of a brigade court martial, appointed for. the year 1818, paid to a deputy of the defendant, then sheriff of the county of Ontario, $284, being the amount of fines imposed by the court martial, received by the president.
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This was an action of assumpsit, tried at the Albany circuit in September, 1829. It was proved that the president of a brigade court martial, appointed for. the year 1818, paid to a deputy of the defendant, then sheriff of the county of Ontario, $284, being the amount of fines imposed by the court martial, received by the president. It appeared that the court martial was appointed by a brigade order, issued in July, 1818. The militia law under which the order was issued, made it the duty of the commanding officer of the brigade to appoint a brigade court martial, on or before the first day of…
1Opinion of the Court
By the Court,
Mabcy, J.
The right of the plaintiffs to recover depends upon the legality of the organization of the court martial which imposed the fines paid over to the deputy of the sheriff. It is provided by the act “to regulate the militia,” Laws of ISIS, p. 220, §17, that “ the commanding officer of each brigade of infantry shall, on or before the first day of June in every year, appoint a brigade court martial,” &c. The court martial which imposed the fines paid to the deputy of .the sheriff, was not appointed until July. Could the power given to the commandant of brigade to appoint a…
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