Pott v. Oldwine
Supreme Court of Pennsylvania
ERROR to the common pleas of Schuylkill county. This was an action of replevin for a horse by Benjamin Pott against Jacob Oldwine. The defence was, that the horse was seized for the non payment of a militia fine, in support of which the warrant issued by George W. Farquhar, captain of a troop of cavalry, was given in evidence.
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ERROR to the common pleas of Schuylkill county. This was an action of replevin for a horse by Benjamin Pott against Jacob Oldwine. The defence was, that the horse was seized for the non payment of a militia fine, in support of which the warrant issued by George W. Farquhar, captain of a troop of cavalry, was given in evidence. The plaintiff, in answer to which, offered to prove, that, according to the by-laws and regulations of the said troop, he was not a member when the fine was imposed. That no fines ever accrued from him to the company, and none were due when the warrant issued. That no…
1Per curiam
A distress for a militia fine is certainly within the terms of the enacting clause; for it is not to be disputed that the seizing officer acts by the authority of the state. It is also within the actual meaning of it, for these fines were formerly collected by virtue of a warrant from the lieutenant of the county, charged at the enactment of the statute with the duties now performed by a brigade inspector; and his process is specified as an object of exception. At present the warrant, in the case of a delinquent volunteer, is issued, not by the brigade inspector, but by the captain of the…
2Cited by8 opinions
- Weaver v. LawrenceSupreme Court of the United States · 1785
- Power v. KindschiWisconsin Supreme Court · 1883
- York v. MarshallSupreme Court of Pennsylvania · 1917
- Elkins v. GriesemerSupreme Court of Pennsylvania · 1882
- Pullan v. KinsingerU.S. Circuit Court for the District of Southern Ohio · 1870
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