Commonwealth v. Bullard
Massachusetts Supreme Judicial Court
This was a writ of certiorari directed to a justice of the peace, commanding him to certify the proceedings had before him upon the complaint of Bullard, as clerk of a militia company, (against one Nahum Andrews, a private soldier in the same company,) at whose suit the writ of certiorari issued.
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This was a writ of certiorari directed to a justice of the peace, commanding him to certify the proceedings had before him upon the complaint of Bullard, as clerk of a militia company, (against one Nahum Andrews, a private soldier in the same company,) at whose suit the writ of certiorari issued. From the proceedings returned, it appeared that the complaint against Andrews was for his being deficient of a knapsack on the first Tuesday of May, 1810, at the muster of the company for inspection of their arms and accoutrements. The facts being set down at length in the justice’s record, as the…
1Opinion of the Court
Curia.
It is very clear that Andrews was not duly equipped according to law; and he was therefore liable to a fine. The evidence before the justice was sufficient to overrule the return of the clerk, which was obtained by a fraud practised upon him by Andrews, who ought to have been convicted. Let the proceedings be quashed.
2Cited by1 opinion
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