Nowlin v. McCalley
Supreme Court of Alabama
Appeal from tbe Circuit Court of Madison. Tried before tbe Hon. Nat. Cook. This proceeding was instituted under tbe 18th chapter of tbe Military Code of Alabama, in the name of William J. McCalley, as paymaster of tbe 33d regiment of militia, against David S. Nowlin, as sheriff of Madison county, for bis failure to collect several fines, amounting to $64, which had been assessed by a court-martial against-Capt. Albert P. Boone.
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Appeal from tbe Circuit Court of Madison. Tried before tbe Hon. Nat. Cook. This proceeding was instituted under tbe 18th chapter of tbe Military Code of Alabama, in the name of William J. McCalley, as paymaster of tbe 33d regiment of militia, against David S. Nowlin, as sheriff of Madison county, for bis failure to collect several fines, amounting to $64, which had been assessed by a court-martial against-Capt. Albert P. Boone. The court-marti^ by which the fines were assessed, is described in the opinion of the court. The charges preferred against Capt. Boone, for which the fines were…
1Opinion of the CourtStone, J.
— Under our Military Code, as adopted by joint resolution Eeb. 10, 1852, various grades of courts-martial, with varying powers, are provided for. The one in which these proceedings originated was a battalion court-martial, under chapter X, section 8, of that code. We thus characterize this court, for the following reasons: 1st, the certificate of fines, furnished to the sheriff has this caption, “List of fines assessed at a battalion court-martial,” &c.; 2d, the president of the court certified the proceedings as those of a battalion court-martial; 3d, the caption to the specifications…
2Cases cited5 opinions
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