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1 D.C. 262

Wise v. Withers

District of Columbia District Court

Decided November 15, 1805

District of Columbia District Court · decided 1805-11-15

Trespass for distraining goods for a militia fine ; special justification under a warrant, &c.; replication, that the plaintiff was a justice of the peace; demurrer and joinder. The Act of 3d of March, 1803, [2 Slat, at Large, 215,] to provide for the organization of militia of the District of.

Decided 1805-11-15

.. The Court(Cranch, J.,- contra,)

¶1decided that the defendant, who was a justice of the peace in the District of Columbia, was not an officer, judicial or executive, of the government of the United States.

¶2This judgment was reversed b.y the Supreme Court (3 Cranch, 331.) •

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