Jones v. French
Superior Court of New Hampshire
Complaint, filed before a justice of the peace, to recover a fine of two dollars, alleged to have been incurred by the defendant for unnecessarily neglecting to appear at a training and inspection of the third company of infantry, in Farmington, in said county, in the thirty-ninth regiment of New-IIampshire militia, on the 16th day of May, 1843, at one of the clock in the afternoon, near Hiram Blake’s store, in said Farmington. Plea of not guilty was filed.
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Complaint, filed before a justice of the peace, to recover a fine of two dollars, alleged to have been incurred by the defendant for unnecessarily neglecting to appear at a training and inspection of the third company of infantry, in Farmington, in said county, in the thirty-ninth regiment of New-IIampshire militia, on the 16th day of May, 1843, at one of the clock in the afternoon, near Hiram Blake’s store, in said Farmington. Plea of not guilty was filed. Samuel Jones was captain of said company, duly commissioned and sworn ; the complaint was filed before the justice at the choice of the…
1Opinion of the CourtWoods, J.
Several questions are presented by this case. 1. The Revised Statutes, chapter 93, section 7, prescribes the manner in which the sergeants shall be appointed, and it appears that the complainant and White-house were appointed in the manner so prescribed, were sworn into office, and entered upon the discharge of their appropriate official duties. But they had neither of them warrants under the hand of the captain, countersigned by the clerk of the company, as the statute requires.
But Whitehouse was not a mere usurper. He was in under color of a legal election, and Avas a sergeant defacto. His…
2Cases cited3 opinions
- Woart v. WinnickSuperior Court of New Hampshire · 1826
- State v. LeonardSuperior Court of New Hampshire · 1833
- Nelson v. PierceSuperior Court of New Hampshire · 1833