Heald v. Weston
Supreme Judicial Court of Maine
This was an action of debt to recover a penalty against the bow plaintiff in error, “ for neglecting to attend military duty, 5,1 whereby he has by statute forfeited the sum of one dollar and fifty cents,” &c.
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This was an action of debt to recover a penalty against the bow plaintiff in error, “ for neglecting to attend military duty, 5,1 whereby he has by statute forfeited the sum of one dollar and fifty cents,” &c. The magistrate who tried the cause having rendered judgment against the original defendant, he sued out this writ of error to reverse it; assigning divers errors,-among which Was this — that there is no allegation in the writ that the offence was committed against the form of the statute in such case made and provided. And for this cause the judgment was reversed.
1Opinion of the Court
Mellen C.- J.
The only error we can notice on this record appears on the declaration. The averment is w that said Heald “ did not attend the said exercises on said day, but neglected “ the same, whereby he has by statute forfeited the sum of one “ dollar and fifty cents, and an action hath arisen by statute, to “ the plaintiff, as clerk as aforesaid, to have and recover the M same of the sai’d Heald.’* In Commonwealth v. Springfield, 7 Mass. 9. it is decided that an indictment for an offence created by statute must conclude contra formara statuti. We have reversed several judgments in civil…
2Cases cited2 opinions
- Commonwealth v. Inhabitants of SpringfieldMassachusetts Supreme Judicial Court · 1810
- Commonwealth v. Inhabitants of StockbridgeMassachusetts Supreme Judicial Court · 1814