Legal Opinion

Martin v. Fales

Supreme Judicial Court of Maine

Decided July 15, 1840PublishedCited by 4 opinions

This was a writ of error, to reverse a judgment of a Justice of the Peace. The original action was brought by Fales, as ensign of a company in Thomaston, detailed under the provisions of the stat. 1837, c. 276, to discipline and train the B company of militia in Camden, alleged to have had no officers for three months, against Martin, for neglect to perform militia duty at a company training.

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This was a writ of error, to reverse a judgment of a Justice of the Peace. The original action was brought by Fales, as ensign of a company in Thomaston, detailed under the provisions of the stat. 1837, c. 276, to discipline and train the B company of militia in Camden, alleged to have had no officers for three months, against Martin, for neglect to perform militia duty at a company training. There were twenty-three other suits brought by Fales before the same Justice, at the same time and place, for alleged neglects or misconduct at the same training. The writs were made returnable before…

1Opinion of the Court

*28The opinion of the Court was by

Shepley J.

The jurisdiction and powers of Justices of the Peace, are derived from statute provisions. The statute authorizing them to hear and decide certain civil actions, c. 76 <§> 8, as well as that prescribing the form of writs, provides, that a certain time and place shall be set for the trial; and, by necessary implication, that the Justice and parties shall then and there appear for that purpose; for it prescribes the duty of the Justice, in case the parties do not appear, and determines the 'consequences which are to follow their neglect so to do. If the…

2Cited by4 opinions

  1. State v. WilloughbySupreme Judicial Court of Maine · 1987
  2. Olson v. NunnallySupreme Court of Kansas · 1891
  3. Taylor v. WaltherSupreme Court of Minnesota · 1906
  4. Hamill v. ChamplinSupreme Court of Rhode Island · 1878

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