State v. Dwinnell
Superior Court of New Hampshire
This was a prosecution commenced by Aaron Wright as clerk of the first company, twentieth regiment of N. H. Militia, to recover, of the respondent, a fine of $2,00 for disobedience of orders, of his commanding officer, at a company training, on the 4th day of September, A. D. 1833. The case was originally tried before a justice of the peace, and was taken up to the court of common pleas by appeal, where the jury returned a verdict for the plaintiff, subject to the exceptions…
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This was a prosecution commenced by Aaron Wright as clerk of the first company, twentieth regiment of N. H. Militia, to recover, of the respondent, a fine of $2,00 for disobedience of orders, of his commanding officer, at a company training, on the 4th day of September, A. D. 1833. The case was originally tried before a justice of the peace, and was taken up to the court of common pleas by appeal, where the jury returned a verdict for the plaintiff, subject to the exceptions hereafter mentioned, and the case was subsequently transferred to this court for their decision. The exceptions taken…
1Opinion of the CourtUpham, J.
delivered the opinion of the court.*
The evidence offered, as to the commanding officer of said company, was the commission of George Page as lieutenant, appointed on the 25th and sworn into office on the 29th of August, 1828 ; and the regimental roster of the appointment of a captain in April 1828 — “his resignation in April 1829 — and his discharge at the same time, under the hand of the Adjutant General. There was no evidence in the records produced, of any new appointment of captain, and there was parol evidence that Page acted as lieutenant commanding said company during the year 1830.
The…
2Cases cited1 opinion
- Grafton Bank v. FlandersSuperior Court of New Hampshire · 1827
3Cited by1 opinion
- Bartlett v. JenkinsSuperior Court of New Hampshire · 1850