Hart v. Lindsey
Superior Court of New Hampshire
Complaint, originally filed before a justice of tbe peace, by Hart, as clerk of the 8th company of infantry in the 83d regiment, being tbe north company in Milton, to recover a fine of two dollars for neglect to appear and do military duty on tbe 16th day of May, 1848. The records of the company and proceedings of the officers, &c., were admitted to be correct, except as hereinafter excepted to.
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Complaint, originally filed before a justice of tbe peace, by Hart, as clerk of the 8th company of infantry in the 83d regiment, being tbe north company in Milton, to recover a fine of two dollars for neglect to appear and do military duty on tbe 16th day of May, 1848. The records of the company and proceedings of the officers, &c., were admitted to be correct, except as hereinafter excepted to. The plea was the general issue, with a brief statement, denying that the defendant ever resided within the limits of said company, alleging that he was an inhabitant and resident in Shapleigh, in the…
1Opinion of the CourtWoods, J.
Several questions are presented in this ease: 1. Could the amendment legally have been made, that was made in the order? By sec. 4, chap. 78, of the Rev. Stat., the return of the sergeant or private who delivers the order may be amended; as may the record also, to conform to the facts of the ease. In this case, neither the return nor the record needed amendment. Each was in conformity with the truth, without amendment.
But there was no authority to amend the order issued by the captain. Such as they were, they were or ought to have been executed; and the question is, whether they were executed…
2Cases cited9 opinions
- Keene v. MeadeSupreme Court of the United States · 1830
- Franklin v. TalmadgeNew York Supreme Court · 1809
- Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1808
- Towle v. AyerSuperior Court of New Hampshire · 1835
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brady v. MullenSupreme Court of New Hampshire · 1994
- In re Tammy S.Supreme Court of New Hampshire · 1985