Bartlett v. Jenkins
Superior Court of New Hampshire
Appeal from the decision of a magistrate, upon a prosecution to recover a fine for neglect of military duty. The complaint was dated November 6th, 1847, and was for default in not doing militai'y duty on the 22d of September, 1847, at 6 o’clock, A. M., on parade, at or near the dwelling-house of ;Colonel Bumford, in Barrington, in the 6th Company of Infantry in the 25th Regiment.
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Appeal from the decision of a magistrate, upon a prosecution to recover a fine for neglect of military duty. The complaint was dated November 6th, 1847, and was for default in not doing militai'y duty on the 22d of September, 1847, at 6 o’clock, A. M., on parade, at or near the dwelling-house of ;Colonel Bumford, in Barrington, in the 6th Company of Infantry in the 25th Regiment. Of the evidence introduced to sustain the complaint, the following was excepted to: The warrant to said Bartlett, as clerk of the company, was objected to, because in the warrant the company was described as being…
1Opinion of the Court
Gilchrist, O. J.
Several of the exceptions taken at the trial have not been insisted on in the argument, and therefore we shall consider them as waived.
I. When the clerk was appointed, the Ensign did not reside within the limits of the company, and was not consulted in the appointment.
Chap. 93, <§. 9, Rev. Stat., enacts that company officers shall reside within the limits assigned to their companies, and section 10 provides, that if any officer shall remove without such limits to reside, without resigning his commission, it shall be sufficient cause for an address for his removal.
In the case…
2Cases cited2 opinions
- Huntoon v. KidderSuperior Court of New Hampshire · 1837
- State v. DwinnellSuperior Court of New Hampshire · 1833