Massachusetts Supreme Judicial Court, 1826

Commonwealth v. Paull

Massachusetts Supreme Judicial Court · Decided October 28, 1826

21 Mass. 251

Counsel

Bacon, for the commonwealth., H. Cushman, for the respondent.

Opinion of the Court

Per Curiam.

The St. 1809, c. 108, § 18, provides, that the testimony of the clerk shall be evidence of notice to the men of any company, to appear at a time and place appointed, for any military duty, but it does not allow him to testify to other facts ; and by the general principles of law he is an incompetent witness, being interested in the fine to be imposed.1

Proceedings quashed.

See Revised Stat. c. 12, § 112, p. 128; Burt v. Dimmock, 11 Pick. 356.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.