O'Connor v. Town of Waterbury
Supreme Court of Connecticut
Action to recover the amount of a soldier’s bounty, brought to the District Court of Waterbury and reserved by that court, Bradstreet, J., upon demurrer to the complaint, for the consideration. and advice of this court.
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Action to recover the amount of a soldier’s bounty, brought to the District Court of Waterbury and reserved by that court, Bradstreet, J., upon demurrer to the complaint, for the consideration. and advice of this court. The amended complaint is as follows: “1. On August 22d, 1868, the plaintiff was a legal resident of said town of Waterbury. 2. On said day the plaintiff was duly and legally drafted from amongst the residents of said town into the military service of the United States, under and in pursuance to the provisions of the Act of Congress which provided for the enrolling and calling…
1Opinion of the Court
Andrews, O. J.
It is clear that the plaintiff is not entitled to recover in this action by reason of the Act of 1895*. That Act is limited to enlisted men. The plaintiff was not an enlisted man. The legislature might be very willing to extend a favor to one who entered the army or navy voluntarily, *210and be very unwilling to extend a like favor to one wbo entered the army or navy only because he was dragged there by force. Besides, the complaint is not brought on that statute, according to the rule laid down in 1 Swift’s Dig. (side pages) 585, 735. It' is immaterial, therefore, so far as this…
2Cases cited3 opinions
- Booth v. Town of WoodburySupreme Court of Connecticut · 1864
- Chapman v. LoomisSupreme Court of Connecticut · 1870
- Lynde v. DenisonSupreme Court of Connecticut · 1820
3Cited by16 opinions
- Vilcinskas v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1956
- Forbes v. BallaroConnecticut Appellate Court · 1993
- Radezky v. Sargent & Co.Supreme Court of Connecticut · 1904
- Hitchcock v. Union & New Haven Trust Co.Supreme Court of Connecticut · 1947
- Chamberlain v. City of BridgeportSupreme Court of Connecticut · 1914
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