Hall v. Howd
Supreme Court of Connecticut
This was an action of assault and battery and false imprisonment. The defendants pleaded the general issue, with notice of special matter to be given in evidence.
Read the full summary
This was an action of assault and battery and false imprisonment. The defendants pleaded the general issue, with notice of special matter to be given in evidence. The notice stated, that on the 1st of May, 1832, Daniel Howd, one of the defendants, was captain of the second company in the 1 Oth regiment of militia in this State, and the plaintiff was a private soldier in that company, liable to perform military duty therein ; that the plaintiff was duly warned to appear with said company, on the 7th of May, 1832, at its usual place of parade, for company inspection and exercise ; that he…
1Opinion of the CourtWaite, J.
By the provisions of the statute of this state “ for forming and conducting the military force,” the commanding officer of a militia company is empowered to impose a fine upon any non-commissioned officer, musician or private, of his company, who neglects to perform military duty, when lawfully required; and after having given him due notice, if the fine is not paid and no appeal taken, may issue his warrant, under his hand, for the collection of such fine. It is apparent, from the statute, that no person but the officer imposing the fine, has any authority to issue the warrant.
In this case,…
2Cases cited3 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Tracy v. WilliamsSupreme Court of Connecticut · 1821
- Starr v. ScottSupreme Court of Connecticut · 1831
3Cited by10 opinions
- Case v. BushSupreme Court of Connecticut · 1919
- Hutchins v. JohnsonSupreme Court of Connecticut · 1837
- Macon & Western Railroad v. DavisSupreme Court of Georgia · 1853
- Fox v. HoytSupreme Court of Connecticut · 1838
- West School District v. MerrillsSupreme Court of Connecticut · 1838
5 more not listed; retrieve them via the Exa API.