Haynes v. Jenks
Massachusetts Supreme Judicial Court
This case was argued at March term 1823, by Z. G. Whitman for the petitioner and Loring for the respondent, and was continued for advisement. The opinion of a ma jority of the Court was delivered by Wilde J. This case comes before us on petition for a writ of certiorari, to quash the proceedings before a justice of the peace on a prosecution for the recovery of a penalty under the militia laws, and involves a question of considerable difficulty and importance.
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This case was argued at March term 1823, by Z. G. Whitman for the petitioner and Loring for the respondent, and was continued for advisement. The opinion of a ma jority of the Court was delivered by Wilde J. This case comes before us on petition for a writ of certiorari, to quash the proceedings before a justice of the peace on a prosecution for the recovery of a penalty under the militia laws, and involves a question of considerable difficulty and importance. We have taken more time for examination and consideration than was necessary, perhaps ; but the result, with the reasons of the…
1Opinion of the Court
Lincoln J.
dissenting. The liability of the respondent to the forfeiture created by law for a neglect of military duty, depends upon the construction to be given to the provisions in the statutes of the United States, recited in the act of this commonwealth for regulating, governing and training the militia, which relate to the enrolment of the citizens, and the opportunity subsequently afforded them for military equipment. Had the question involved in the issue of the cause been entirely original, and now for the first time presented for judicial consideration, I should have entertained less…
2Cases cited3 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Goodenow v. ButtrickMassachusetts Supreme Judicial Court · 1810
- Commonwealth v. AnnisMassachusetts Supreme Judicial Court · 1812
3Cited by1 opinion
- Blanchard v. HilliardMassachusetts Supreme Judicial Court · 1814