Barrett v. Crane
Supreme Court of Vermont
Trespass for false imprisonment. The defendant Crane pleaded that he was quarter-master of the 7th regiment of the militia of this state, and, as such, was by law “ authorized and required to execute all processes issued by lawful authority.”
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Trespass for false imprisonment. The defendant Crane pleaded that he was quarter-master of the 7th regiment of the militia of this state, and, as such, was by law “ authorized and required to execute all processes issued by lawful authority.” That, on the first day of July, 1841, he received from the senior officer of said regiment an execution, in due form of law, reciting that the plaintiff had, by the field officers of said regiment, been amerced in a fine of $2,00 for delinquency of military duty, and that, in pursuance of the command in said execution, and within its life, he, for want…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The first section of the statute relative to the militia, (Rev. Stat. p. 557,) with certain exceptions, subjects each and every able bodied citizen of this state, or of the United States, *250residing within this state, to military duty. We have no law which subjects an alien to enrolment, or military duty. It stands admitted by the pleadings, that the plaintjff was not, at the time of the alleged enrolment and delinquency, a citizen of this, or of the United States. No question comes before us as to the defendant, Smith; and -we are only called…
2Cases cited19 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Savacool v. BoughtonNew York Supreme Court · 1830
- Wise v. WithersSupreme Court of the United States · 1806
- Mills v. MartinNew York Supreme Court · 1821
- Parker v. WalrodCourt for the Trial of Impeachments and Correction of Errors · 1836
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3Cited by15 opinions
- Weimer v. BunburyMichigan Supreme Court · 1874
- Moody v. BibbSupreme Court of Alabama · 1874
- Barber v. ChaseSupreme Court of Vermont · 1928
- Morrill v. TaylorNebraska Supreme Court · 1877
- Kent v. Village of Enosburg FallsSupreme Court of Vermont · 1899
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