Gilman v. Morse
Supreme Court of Vermont
This was an action of trespass, commenced before a justice of the peace against the defendant, who was a colonel commandant and senior officer of the court martial of the 16th regiment, 2d brigade, and 4th division of the militia of this state, to recover for four and five-eighths yards of cloth belonging to the plaintiff, worth five dollars, which was taken by one Asa C. Lee, quarter master sergeant of said regiment, by virtue of an execution signed by defendant.
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This was an action of trespass, commenced before a justice of the peace against the defendant, who was a colonel commandant and senior officer of the court martial of the 16th regiment, 2d brigade, and 4th division of the militia of this state, to recover for four and five-eighths yards of cloth belonging to the plaintiff, worth five dollars, which was taken by one Asa C. Lee, quarter master sergeant of said regiment, by virtue of an execution signed by defendant. The plaintiff recovered judgment before the justice, and the case was appealed to the county court, and came up to this court upon…
1Opinion of the Court
The opinion of the court was delivered by
Collamer J.
— This is an action of trespass for property, taken on an execution signed by the defendant, as commanding'officer of the 16th regiment of Vermont militia. It rests on a case stated and agreed upon by the parties, by which it appears that the plaintiff was delinquent of duty, at the annual company training, in June, 1838. This was in a company, and in a regiment, regularly organized under the statute of 1818, and no new organization took place under the statute of 1837, until July 1838. The principal question therefore is this; was there any…
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