State v. Wilson
Superior Court of New Hampshire
Complaint filed before a justice of the peace, by D. F. Willoughby, as clerk of the 6th company, 13th regiment of militia, to recover of - the respondent, a private in said company, a fine of three dollars for not attending a regimental muster on the 29th of September, 1832. Plea, not guilty.
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Complaint filed before a justice of the peace, by D. F. Willoughby, as clerk of the 6th company, 13th regiment of militia, to recover of - the respondent, a private in said company, a fine of three dollars for not attending a regimental muster on the 29th of September, 1832. Plea, not guilty. On the trial, in the common pleas, on appeal, the prosecutor, for the purpose of proving that he was first sergeant and clerk of said company, produced a warrant to him, as such, signed by E. M. Bissell, as colonel of said regiment, dated September 6th, 1831, and proved the signature of said Bissell; but…
1Opinion of the Court
'.Parker, J..
A prosecution to recover ¿.military- fine, under our statutes, partakes of both a civil and. criminal character, It is instituted before a magistrate, upon complaint by the clerk of .the. company, setting forth the offence, and alleging it to be,against the peace-and dignity of the state. -'
The respondent is summoned - to appear ; and if on trial he is found guilty, the fine is adjudged:and execution issued, from, which,'if imprisoned, he may. be released on taking the poor .debtor’s oath. One fourth of. the fine when collected goes to the clerk, and the remainder-is paid, over…
2Cases cited2 opinions
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- Commonwealth v. AnnisMassachusetts Supreme Judicial Court · 1812
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- Remick v. ButterfieldSuperior Court of New Hampshire · 1855
- Shattuck v. GilsonSuperior Court of New Hampshire · 1848