Pratt v. Hall
Massachusetts Supreme Judicial Court
The plaintiff in error brought his writ to reverse a judgment rendered by W. Wetmore, Esq., a justice of the peace for this county, founded on a complaint of Hall, as clerk of a company of militia.
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The plaintiff in error brought his writ to reverse a judgment rendered by W. Wetmore, Esq., a justice of the peace for this county, founded on a complaint of Hall, as clerk of a company of militia. The complaint alleged that Pratt was a soldier in [ * 240 ] the company, and liable to do military duty therein ; * that being so liable, he was duly warned to attend a muster of the company on the 7th of October, 1806, and neglected so to attend, whereupon the complainant alleged that the said Pratt had forfeited four dollars, one half to the complainant, and the other to the captain, for the use…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
The writ in this case was sued out to remove the record of a complaint and proceedings before Justice Wetmoi'e at the suit of the defendant in error, to recover of the plaintiff in error a fine for neglecting to appear *at a [*241 ] muster of a company of the militia, to which it is said the plaintiff belonged.
It is very clear that in this case a writ of error does not lie; and the plaintiff in error, if aggrieved, ought to have sought relief by writ of certiorari. From an irregularity in the practice heretofore existing, the Court sometimes,…
2Cited by6 opinions
- Ex parte TarltonSupreme Court of Alabama · 1841
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1814
- Bacon v. WardMassachusetts Supreme Judicial Court · 1813
- Eames v. StilesSupreme Court of New Jersey · 1864
- Gibson v. RogersSupreme Court of Arkansas · 1840
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