Commonwealth v. Cummings
Massachusetts Supreme Judicial Court
Certiorari to remove the proceedings had upon a complaint of one Mosley French, clerk of a company of militia, to a justice of the peace, alleging that the respondent, Cummings, had unnecessarily neglected to appear at a muster of the company. The facts appearing were as follows, viz.
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Certiorari to remove the proceedings had upon a complaint of one Mosley French, clerk of a company of militia, to a justice of the peace, alleging that the respondent, Cummings, had unnecessarily neglected to appear at a muster of the company. The facts appearing were as follows, viz. About five years before the neglect charged, Cummings resided within the limits of a company of cavalry commanded by T. Emerson, which was raised by voluntary enlistment and attached to the regiment of cavalry in the first brigade of the third division ; and he did duty with that company, from that time until…
1Opinion of the Court
* Parker, C. J.
The question, which appears most [ * 197 J to have engaged the counsel in support of the certiorari, viz. whether the removal of the soldier beyond the limits of the company of cavalry, and even into another brigade, and his fixed residence in his new domicil, did not make him liable to do duty in the company of militia within whose limits he had removed, we have considered of some importance, as it is likely to have an extensive influence.
There is nothing positive or direct in the law regulating the militia, upon the subject; but we think the meaning of the legislature may be…
2Cited by3 opinions
- Clapp v. WatsonMassachusetts Supreme Judicial Court · 1829
- Madison v. RanoSuperior Court of New Hampshire · 1827
- WebberMassachusetts Supreme Judicial Court · 1825