Legal Opinion

Scribner v. Whitcher

Superior Court of New Hampshire

Decided November 15, 1832PublishedCited by 4 opinions

This was an action of trespass for assaulting and imprisoning the plaintiff. The cause was submitted to the decision of the court upon the following facts. being the clerk of n militia company, exhibited to William Whitcher, another of the defendants and a justice of the peace, a complaint, against the plaintiff’, lor neglect of military duty; and on Friday, the 11th December, 1829, the said Whitcher rendered judgment, on the said complaint, as follows, to wit, that…

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This was an action of trespass for assaulting and imprisoning the plaintiff. The cause was submitted to the decision of the court upon the following facts. being the clerk of n militia company, exhibited to William Whitcher, another of the defendants and a justice of the peace, a complaint, against the plaintiff’, lor neglect of military duty; and on Friday, the 11th December, 1829, the said Whitcher rendered judgment, on the said complaint, as follows, to wit, that Scribner, the plaintiff in this case, should pay a line of fifty cents and costs of prosecution, taxed at $7. On Monday, the 14…

1Opinion of the Court

The opinion of the court was delivered by

Richardson, (J. J.

We are of opinion that a person,-against .whom judg*65ment has been rendered, for a fine,, under the miltia laws, is entitled to two full days, exclusive of Sundays, after the day when judgment is rendered, to pay the fine and costs, before any execution can be taken out against him. The statute, on this subject, is in the following words: “ If the person, against whom judgment shall be rendered, shall neglect, for the space of two days thereafter, to pay to such justice the amount of such fine and costs, the said justice shall issue…

2Cases cited2 opinions

  1. Cramer v. Van AlstyneNew York Supreme Court · 1812
  2. Weld v. GorhamMassachusetts Supreme Judicial Court · 1813

3Cited by4 opinions

  1. Waters v. CochranSupreme Court of Alabama · 1973
  2. Bailey Realty & Loan Co. v. BuntingSupreme Court of Alabama · 1944
  3. Avemco v. PondDistrict Court, D. New Hampshire · 1996
  4. Waters v. CochranSupreme Court of Alabama · 1973

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