Alexander v. Pierce
Superior Court of New Hampshire
Assumpsit, upon a promissory note of the defendant, dated May 2, 1838, for ¡$2*83, payable to Gardner Wheeler, or bearer, on demand. The action was commenced before a justice of the peace, and was carried by appeal to the court of common pleas. On the trial there it appeared that the plaintiff, at the time, and before, the note was executed, was captain of a company of infantry, in the sixth regiment, in which the defendant was a private.
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Assumpsit, upon a promissory note of the defendant, dated May 2, 1838, for ¡$2*83, payable to Gardner Wheeler, or bearer, on demand. The action was commenced before a justice of the peace, and was carried by appeal to the court of common pleas. On the trial there it appeared that the plaintiff, at the time, and before, the note was executed, was captain of a company of infantry, in the sixth regiment, in which the defendant was a private. At a company training of said company, on the 1st day of May, the defendant, for being refractory and disobedient on parade, was ordered to pay a fine of…
1Opinion of the CourtParker, C. J.
The first question which arises in this case is, whether the warrant was lawfully issued.
The statute of January 3, 1829, enacted, that if any non-commissioned officer or private should be guilty of any offence which by the act was punishable by fine, it should be the duty of the clerk of the company to which the offender belonged, after the expiration of fifteen days, and within sixty days, to exhibit a complaint to some justice of the peace, who was thereupon required to issue a summons, which was to be served upon the respondent at least seven days before the day of trial. If judgment was…
2Cases cited1 opinion
- Richardson v. DuncanSuperior Court of New Hampshire · 1826
3Cited by2 opinions
- E. D. Clough & Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Greenleaf v. BurbankSuperior Court of New Hampshire · 1843