Alley v. Inhabitants of Edgecomb
Supreme Judicial Court of Maine
Ok facts agreed. For the facts, see the opinion. The President demanded of the defendant town its proportion of 500,000 men. Defendants promised each man by its vote $300, and thereupon, without his consent, appropriated plaintiff’s service upon its quota, and received credit therefor. The vote of the town was made valid by Act of Feb. 17, 1865. Plaintiff’s patriotic zeal in enlisting before the passage of the vote of the town should not injure his claim.
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Ok facts agreed. For the facts, see the opinion. The President demanded of the defendant town its proportion of 500,000 men. Defendants promised each man by its vote $300, and thereupon, without his consent, appropriated plaintiff’s service upon its quota, and received credit therefor. The vote of the town was made valid by Act of Feb. 17, 1865. Plaintiff’s patriotic zeal in enlisting before the passage of the vote of the town should not injure his claim. His service was his property and should not be taken for public use " without just compensation.” Const. U. S., Art. 5. The act was…
1Opinion of the CourtBarrows, J.
By the agreed statement of facts, it appears that the plaintiff, an inhabitant of Edgecomb, and liable to be drafted into the military service of the United States, prior to the call for men issued by the President in July, 1864, volunteered in the navy. When that call was issued he was actually in the service, and, without his knowledge or consent, was credited upon the quota, of the town to which he belonged. He served the full term of his enlistment, and was honorably discharged. He now claims to recover of the town a bounty of $300, by reason of his name being thus used to fill the quota…
2Cases cited1 opinion
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
3Cited by4 opinions
- Squires v. Inhabitants of City of AugustaSupreme Judicial Court of Maine · 1959
- Truman v. Inhabitants of HarmonyDistrict Court, D. Maine · 1912
- MacDonald v. SheriffSupreme Judicial Court of Maine · 1953
- Squires v. Inhabitants of City of AugustaSupreme Judicial Court of Maine · 1959