Mills v. Martin
New York Supreme Court
THIS was an action of replevin for a pair of oxen, taken by the defendant from the close and possession of the plaintiff.
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THIS was an action of replevin for a pair of oxen, taken by the defendant from the close and possession of the plaintiff. The defendant avowed and justified the taking, as deputy marshal of the United States, and acting under a certificate signed by General Steddiford, as president of a gene- ° e J r . ° ral court martial, for collecting a fine of sixty-four dollars. imposed on" the plaintiff by the said court' ínártial, for having faj]ejf neglected, or refused to enter the Service of the United States, as a soldier in the militia. The avowry stated-, that “ on the 16th- day of May, 1818, a…
1Opinion of the CourtPlatt, J.
The plea is, undoubtedly, bad ; because ÍÍ attempts to put in issue to the country, facts which were conclusively determined by the sentence of the Court Martial, if that tribunal was legally constituted, and had jurisdiction of the case.
But the demurrer involves the inquiry, whether the defendant’s avowry is substantially defective ?
In examining as to the validity of the avowry, the first question is, whether the delinquency set forth therein, as the ground of conviction, was an offence cognizable by a General Court Martial of the United States ? The offence, as charged, is, that upon an…
2Cases cited2 opinions
- Houston v. MooreSupreme Court of the United States · 1820
- Wise v. WithersSupreme Court of the United States · 1806
3Cited by66 opinions
- Runkle v. United StatesSupreme Court of the United States · 1887
- McClaughry v. DemingSupreme Court of the United States · 1902
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
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