Gale v. Currier
Superior Court of New Hampshire
Gale, as clerk of a militia company, filed an information before a justice of the peace against Currier, as a private belonging to the same company, for neglect of military duty on the fourth day of May, 1824- The cause, having been brought to this court by appeal, was tried at September term, 1826. Several exceptions were taken to the evidence introduced in support of the information, and among the rest it was objected that there was no legal evidence to show that the…
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Gale, as clerk of a militia company, filed an information before a justice of the peace against Currier, as a private belonging to the same company, for neglect of military duty on the fourth day of May, 1824- The cause, having been brought to this court by appeal, was tried at September term, 1826. Several exceptions were taken to the evidence introduced in support of the information, and among the rest it was objected that there was no legal evidence to show that the respondent, at the time of the alleged neglect of duty, belonged to the company. The evidence on that point was as follows.…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
*170The seventh section of the statute of December 22, 1820, entitled an act for forming, arranging and regulating the militia, provides that the first sergeant shall be clerk of the company ; and thfe forty-third section of the same statute enacts, that “ the first sergeant of each company shall keep an exact roll of the company together with the state of the arms, &c., which roll he shall annually revise in the month of April, and correct the same from time to time as the alterations in the company may require.” It is also enacted in the…
2Cited by1 opinion
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