Dennis v. Larkin
Supreme Court of Iowa
Appeal from Johnson District Court. The petition alleges that in October, 1864, defendant was duly drafted into the military service of the United States, in the first class or division; that plaintiff was drawn in the second class or as alternate; that defendant, though primarily liable to render the service, fled the country to avoid the same, never has responded to his obligations under said draft, but secretes himself beyond the control of the proper military…
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Appeal from Johnson District Court. The petition alleges that in October, 1864, defendant was duly drafted into the military service of the United States, in the first class or division; that plaintiff was drawn in the second class or as alternate; that defendant, though primarily liable to render the service, fled the country to avoid the same, never has responded to his obligations under said draft, but secretes himself beyond the control of the proper military authorities. It is further alleged that in consequence of the neglect and refusal of defendant, plaintiff was required to render…
1Opinion of the CourtWright, J.
i. brapt :^xemsaHo11 air duty. This, it must be admitted, is a novel action, and yet plaintiff should not for this reason be denied relief, if entitled thereto, upon any flegal ground. The duty of the defendant to respond to the demand of the government was undoubted. Absconding or secreting himself so as to *435avoid the draft, he was a deserter and liable to be dealt with as such. But the question is, did this give to plaintiff, drawn, as he claims, in the alternate class, a right of action ? It seems to us not, for reasons which we shall briefly state.
Plaintiff seeks to bring his case within…
2Cases cited4 opinions
- Townsend v. President of the Susquehannah Turnpike RoadNew York Supreme Court · 1810
- Town of Griswold v. GallupSupreme Court of Connecticut · 1852
- Griffin v. FarwellSupreme Court of Vermont · 1848
- Town of Sheldon v. Town of FairfaxSupreme Court of Vermont · 1849
3Cited by1 opinion
- State v. BenhamSupreme Court of Iowa · 1867