Wise v. Withers
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, in an action of trespass vi et armis, for entering the plaintiff’s house, and taking away his goods. The defendant justified as collector of militia fines. The plaintiff replied, that at the time when, &c., he was one of the United States’ justices of the peace for the county of Alexandria.
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Error to the Circuit Court of the district of Columbia, in an action of trespass vi et armis, for entering the plaintiff’s house, and taking away his goods. The defendant justified as collector of militia fines. The plaintiff replied, that at the time when, &c., he was one of the United States’ justices of the peace for the county of Alexandria. This replication, upon a general demurrer, was, by a majority of the court below, adjudged bad ; whereupon, the plaintiff sued out a writ of error, and the questions made on the argument were— 1. Whether a justice of the peace, for the county of…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — In this ease, two points have been made by the plaintiff in error. 1st. That a justice of the peace in the district of Columbia is, by the laws of the United States, exempt from militia duty. 2d. That an action of trespass lies against the officer who makes distress, in order to satisfy a fine assessed upon a justice of the peace, by a court-martial.
1. Is a justice of the peace exempt from militia duty ? The militia law of the district refers to the general law of the United States, and adopts the enumeration there made of persons who…
2Cited by82 opinions
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