Shattuck v. Gilson
Superior Court of New Hampshire
Complaint, by the plaintiff, as clerk of the ninth company of infantry in the fifth regiment of New Hampshire militia, being the company in Brookline, to collect a fine of the defendant, alleged to be a private in said company, for. his non-appearance at a company training on the nineteenth of May, A. D. 1846. • The plaintiff gave in evidence a warrant to himself as first sergeant of the company, dated April 30, 1846, signed by the captain, and ^ countersigned by the…
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Complaint, by the plaintiff, as clerk of the ninth company of infantry in the fifth regiment of New Hampshire militia, being the company in Brookline, to collect a fine of the defendant, alleged to be a private in said company, for. his non-appearance at a company training on the nineteenth of May, A. D. 1846. • The plaintiff gave in evidence a warrant to himself as first sergeant of the company, dated April 30, 1846, signed by the captain, and ^ countersigned by the plaintiff, as clerk, and he took the oath of office May 2, 1846. The warrant appeared to be recorded upon the company’s books…
1Opinion of the CourtWoods, J.
The first question which presents itself, re*299lates to the evidence of the appointment of the plaintiff to the office which entitles him. to bring this action.
The Revised Statutes, ch. 93, § 8, prescribes the mode in which such officers shall be elected, and prescribes, further, that they “ shall have warrants, under the hand of the captain, countersigned by the clerk, and recorded in the orderly book of the company.” Such a warrant the plaintiff had. It was under the hand of the captain, and countersigned and recorded by himself, as the clerk of the company. The effect of this is to make his…
2Cases cited3 opinions
- State v. WilsonSuperior Court of New Hampshire · 1835
- State v. LeonardSuperior Court of New Hampshire · 1833
- Gale v. CurrierSuperior Court of New Hampshire · 1827