Ferguson v. Baron, 2 Dall. 113 (Pa. 1790)

Supreme Court of Pennsylvania.

June Term, 1790.

Ferguson, Captain of Militia versus Baron, a Private.

On the return to a Certiorari, issued to remove the record of the proceedings that were had in this case, before Justices McKnight and Todd, it appeared that the defendant, having been tried by a Regimental Court Martial, for a breach of the rules of discipline, was fined to the value of ten days labour, (£.1 15.) that on an application made by the plaintiff, who acted as clerk of the company, to the Justices, they issued a summons to the defendant; and that, on the return of the process, they gave judgment comformably to the sentence of the Court Martial.

Bradford, in support of the judgment, read the proceedings of the Court Martial; and the section of the Militia act, relative to the recovery of fines.

Levy, contended, that the Justices had proceeded without jurisdiction; for, their authority under the act was merely ministerial, to issue an execution; whereas they had undertaken to hold plea on the subject matter.

By the Court:—It is an extraordinary objection, to proceed from the defendant, that he had notice before an execution issued against him. the measure was a liberal and indulgent one; and ought not to be discountenanced if in general practice.

Judgment affirmed.

Last modified: March 24, 2016