Warner v. Stockwell
Supreme Court of Vermont
Trespass for assault and battery, and false Imprisonment. Tbe plajntiff bad been enrolled as a private in a company of militia commanded by the defendant Stockwell, and having been amerced in a fine for- non-appearance at a training of said company, was committed to jail by the defendant Foster, as sergeant of said company, on an execution for the fine aforesaid. This was the trespass complained of. Plea not guilty, with notice of justification.
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Trespass for assault and battery, and false Imprisonment. Tbe plajntiff bad been enrolled as a private in a company of militia commanded by the defendant Stockwell, and having been amerced in a fine for- non-appearance at a training of said company, was committed to jail by the defendant Foster, as sergeant of said company, on an execution for the fine aforesaid. This was the trespass complained of. Plea not guilty, with notice of justification. The questions raised on trial will appear from the following bill of exceptions: Plaintiff made -a. prima facie case under the general issue, and…
1Opinion of the CourtRoyce, J.
We.have to consider the several grounds taken by the plaintiff, in answer to the justification relied upon by the defendants.
He begins by insisting that he had a right to prove, in support of this action, his inability to perform military duty, in consequence of an internal injury received in childhood. The statute has imposed this duty upon “ every free, able-bodied, white, male citizen of this State, or of any other of the United States, residing within this State, who is or shall be of the age of eighteen years, and under the age of forty-five years,” with certain exceptions. It is assumed…
2Cases cited6 opinions
- Wise v. WithersSupreme Court of the United States · 1806
- Eastman v. CurtisSupreme Court of Vermont · 1832
- Demyer v. SouzerNew York Supreme Court · 1831
- Commonwealth v. FitzMassachusetts Supreme Judicial Court · 1814
- Dow v. SmithSupreme Court of Vermont · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Barrett v. CraneSupreme Court of Vermont · 1844