Dow v. Norris
Superior Court of New Hampshire
This was an action of trespass for an assault and imprisonment, and a detention of the plaintiff in prison from the first to the third day of November, 1819, and until he paid the sum of $2,70 for his enlargement. . The cause was submitted to the decision of the court upon the following facts agreed by the parties.
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This was an action of trespass for an assault and imprisonment, and a detention of the plaintiff in prison from the first to the third day of November, 1819, and until he paid the sum of $2,70 for his enlargement. . The cause was submitted to the decision of the court upon the following facts agreed by the parties. The defendant, being the commanding officer of a company of militia, on the 20th October, 1819, issued his warrant to collect a fine of $2 of the plaintiff for the non-appearance of the latter, at a muster of the company on the 30th June, 1819. The plaintiff was arrested by virtue…
1Opinion of the CourtRichardson, C. J.
It is not disputed in this case, that a forfeiture of ‡2 was incurred by the plaintiff on the 30th June, 1819. By the laws then In force it was provided, that the forfeiture should be “levied by distress and sale of the offender’s goods and chattels, by warrant, under the hand and seal of the captain or commanding officer of the company.” 1 N. H. Laws, 299 & 309. And that all fines recovered, except that part which accrued to the sergeant who collected the same, should be paid into the hands of the commanding officer of the company, to he expended in defraying the necessary expenses of such…
2Cases cited3 opinions
- Woart v. WinnickSuperior Court of New Hampshire · 1826
- Beadleston v. SpragueNew York Supreme Court · 1810
- Lewis v. FosterSuperior Court of New Hampshire · 1817
3Cited by6 opinions
- Willard v. HarveySuperior Court of New Hampshire · 1852
- Dunbarton v. FranklinSuperior Court of New Hampshire · 1848
- Loveren v. LampreySuperior Court of New Hampshire · 1851
- Adams v. HackettSuperior Court of New Hampshire · 1853
- Adams v. JohnsonSuperior Court of New Hampshire · 1833
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