Cate v. Nutter
Superior Court of New Hampshire
Appeal from the decision of a justice, founded upon the complaint of Edwin Cate, as clerk of the sixth company of infantry in the tenth regiment, against Nathan Nutter, for not doing military duty on the 18th of September, 1848, at a regimental muster on that day. To show the limits of the Company, the plaintiff produced the regimental records, in which was found the following entry: “ Head Quarters, 10th Reg., N. H. Militia, at Gilmanton.
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Appeal from the decision of a justice, founded upon the complaint of Edwin Cate, as clerk of the sixth company of infantry in the tenth regiment, against Nathan Nutter, for not doing military duty on the 18th of September, 1848, at a regimental muster on that day. To show the limits of the Company, the plaintiff produced the regimental records, in which was found the following entry: “ Head Quarters, 10th Reg., N. H. Militia, at Gilmanton. “ Ordered, that all persons liable to do military duty, living on the hundred acre lots in Barnstead, except one range on the northeasterly end of said…
1Opinion of the CourtWoods, J.
The objection that the company book of records was not competent evidence of the issuing of the company order, and of the service of the notice upon the defendant, cannot be sustained. The statute makes a copy of the record of such order, and of the return, under oath, of the sergeant or private thereon, who may have delivered the notice to the party warned, certified by the clerk, competent evidence of “ due notice of enrolment and of such parade.” Rev. Stat., chap. 78, § 3.
By the statute, also, it is made the duty of the clerk of a company to keep an orderly book, and to record therein all…
2Cases cited1 opinion
- State v. WilsonSuperior Court of New Hampshire · 1835