Commonwealth v. Fitz
Massachusetts Supreme Judicial Court
This was a writ of certiorari, issued on the application of the respondent to remove into this Court the proceedings had before a justice of the peace for this county, upon the complaint of Jacob Noyes, Jun., clerk of a company of infantry, against the respondent, for unnecessarily neglecting to appear and meet with the said company, on Tuesday, the 5th day of May, 1812, he being duly enrolled as a private in the same company.
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This was a writ of certiorari, issued on the application of the respondent to remove into this Court the proceedings had before a justice of the peace for this county, upon the complaint of Jacob Noyes, Jun., clerk of a company of infantry, against the respondent, for unnecessarily neglecting to appear and meet with the said company, on Tuesday, the 5th day of May, 1812, he being duly enrolled as a private in the same company. On the trial before the justice, the delinquency being proved, the respondent offered the testimony of a respectable physician, to show that, from the infirm state of…
1Opinion of the CourtParker, C. J.
The error in the process now before us, on cer-
tiorari, which is relied upon as a cause for quashing the proceedings, is, that the respondent, when on trial before the justice upon the complaint of the clerk of the company, was not permitted to prove, by the oath of a physician, that he was infirm, and unable to attend military duty on the day on which he is charged with delinquency. That he was thus refused, appears by the certificate of the justice of the course of the proceedings before him ; and if such evidence ought to have been received, the proceedings must be quashed, as we cannot…
2Cited by3 opinions
- Moynahan v. PeopleSupreme Court of Colorado · 1877
- Warner v. StockwellSupreme Court of Vermont · 1837
- State ex rel. Company G v. RyanSupreme Court of Iowa · 1897