Clapp v. Watson
Massachusetts Supreme Judicial Court
Ci.app, as clerk of a company of militia commanded by Jabez Green, made a complaint before a justice of the peace, against Watson, for neglecting to perform military duty on the first Tuesday of May, 1828. At the trial before the justice it appeared, that Clapp was appointed on the 12th of September, 1827, a sergeant of the company, which was then under the command of captain Alonzo Temple, and upon his warrant was the following certificate :— “ This certifies that Daniel…
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Ci.app, as clerk of a company of militia commanded by Jabez Green, made a complaint before a justice of the peace, against Watson, for neglecting to perform military duty on the first Tuesday of May, 1828. At the trial before the justice it appeared, that Clapp was appointed on the 12th of September, 1827, a sergeant of the company, which was then under the command of captain Alonzo Temple, and upon his warrant was the following certificate :— “ This certifies that Daniel Clapp, one of the sergeants of the company under my command, has been appointed clerk of said company, and has taken the…
1Opinion of the Court
The complainant then offered Temple as a witness to testify that he administered the oath in September, 1827, and that the certificate was made and signed by him at the time of administering the oath. But the evidence was rejected as incompetent ; and the justice adjudged that the certificate of the appointment and oath of office was informal and insufficient ; and that Watson was not guilty in manner &c.
And now, upon the complainant’s petition for a writ of certiorari to the justice, it was insisted by J. Davis and Allen, for the respondent, that the want of a date to the certificate was…
2Cases cited2 opinions
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
- Commonwealth v. CummingsMassachusetts Supreme Judicial Court · 1819