Fox v. Wood
Supreme Court of Pennsylvania
Writ of, error to the District Court for the city and county of Philadelphia, in an action of trespass brought by David C. Wood, the defendant in error and plantiff below, against George Fox, the plaintiff iu error and defendant bélow, who was a collector of militia fines, for an arrest and imprisonment of the plaintiff’s person, as a delinquent militia man.
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Writ of, error to the District Court for the city and county of Philadelphia, in an action of trespass brought by David C. Wood, the defendant in error and plantiff below, against George Fox, the plaintiff iu error and defendant bélow, who was a collector of militia fines, for an arrest and imprisonment of the plaintiff’s person, as a delinquent militia man. On the trial of the cause, the defendant, in pursuance of notice from the plaintiff, produced the original warrant under which hé acted, signed by George F. Hailer, captain, and countersigned by Robert Patterson, colonel, dated the 2nd of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Whether a court martial has jurisdiction of the-person of an exempt, is I apprehend, not open to debate; it. having been ruled during the last term of this court at Chambers burg, that the liability of the accused to military duty, is the foundation of the whole charge, and consequently that the adjudication of the court on this, as on every other fact necessary to be made out by the pro*146seculor, is conclusive where the same fact again comes into controversy., The District Court, therefore, erred in charging that the officer who executed…
2Cases cited2 opinions
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