Wood v. Fletcher
Superior Court of New Hampshire
This was an appeal from the judgment of a justice of the peace, rendered in favor of Wood against Fletcher. The cause was submitted to the decision of the court, upon the following facts. Wood was the clerk of a militia company, in which John Adams Fletcher, a son of .Peter Fletcher, and an infant under twenty years of age, was liable to do duty.
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This was an appeal from the judgment of a justice of the peace, rendered in favor of Wood against Fletcher. The cause was submitted to the decision of the court, upon the following facts. Wood was the clerk of a militia company, in which John Adams Fletcher, a son of .Peter Fletcher, and an infant under twenty years of age, was liable to do duty. John A. Fletcher was enrolled in the company, by the name of John Fletcher ¾ the notice to appear at the training was directed to John Fletcher ; John A. Fletcher appeared at the training, and answered to the name of Jolm Fletcher, but was not…
1Opinion of the CourtRichardson, C. J.
It is contended, that the justice of the peace, before whom this case was commenced, was of counsel with one of the parties, and so disqualified to decide it. Whether this objection, if well founded in point of fact, could be of any avail here, need not be decided. 5 Mass. Rep. 90.—12 John. 336.—13 Mass. Rep. 340.—2 John. 385.—19 ditto 172. Because we are of opinion, that the making out of the summons was not the peculiar duty of.counsel. The clerks of this court cannot be counsel, and yet they constantly piake out writs of scire facias, executions, subpoenas. and writs of review. The summons…
2Cases cited1 opinion
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- Wiggin v. FitchSupreme Judicial Court of Maine · 1839