Edgar v. Dodge
Massachusetts Supreme Judicial Court
The writ in this case w'as sued to reverse the proceedings of a justice of the peace for this county, who had convicted the plaintiff in error of a neglect of military duty in not appearing at a regimenta. muster, upon the complaint of the defendant in error, as clerk of the company to which the complaint states Edgar to belong.
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The writ in this case w'as sued to reverse the proceedings of a justice of the peace for this county, who had convicted the plaintiff in error of a neglect of military duty in not appearing at a regimenta. muster, upon the complaint of the defendant in error, as clerk of the company to which the complaint states Edgar to belong. It appears from the papers sent up that Edgar claimed an exemption, as being a mariner * actually employed in [*671 ] the sea service of a citizen of the United. States, within the act of Congress passed May 8, 1792. To support his claim, he proved that he was…
1Opinion of the Court
By the Court.
On considering the statute, on which the process before the justice was founded, it is very clear that in this case error does not lie, as the process is summary, by complaint to obtain a warrant of distress, and the proceedings are not according to the course of the common law, so that we could render a right judgment, if it should appear that the justice had erred. The legal remedy for the plaintiff in error is by a writ of certiorari.
We have, however, in many cases, when the proceedings have Deen before us on error, where error did not lie, considered them as coming before us…
2Cited by5 opinions
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- Brackett v. BullardMassachusetts Supreme Judicial Court · 1847
- Loring v. O'DonnellSupreme Judicial Court of Maine · 1835
- Smith v. PrattOhio Supreme Court · 1844