Huntoon v. Kidder
Superior Court of New Hampshire
This was an action of trespass against the defendant, for causing the plaintiff to be arrested on a warrant for the collection of a military fine, and causing the plaintiff to pay the said fine, with the costs thereon.
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This was an action of trespass against the defendant, for causing the plaintiff to be arrested on a warrant for the collection of a military fine, and causing the plaintiff to pay the said fine, with the costs thereon. On trial no evidence was offered that the captain of the company in which the plaintiff was enrolled was in commission on the day when said plaintiff was warned to appear, except that he officiated on that day as commander of said company, and had previously, on different days and times, acted in said capacity. Similar evidence only was given of the authority of the .colonel of…
1Opinion of the CourtUp ham, J.
The return of service of the warning of the plaintiff in this case is bad. The date of the service should be given, in order that it may appear whether there was a notice of four days or not. The sergeant should return the facts, and the legal computation of time necessary for due notice must be determined by the court. The return is, however, subject to amendment in any stage of the proceedings, without costs, and if amendment is made, and a legal service is shown, the exception cannot prevail.
The evidence that the commanding officers of the company and of the regiment were acting officers,…
2Cited by1 opinion
- Bartlett v. JenkinsSuperior Court of New Hampshire · 1850