¶1The militia law requires of the court of inquiry, after it has acted on the list of delinquents, to cause a notice-to be posted, and suit brought within thirty days thereafter, if the fine is not paid. There is no right of action, if the list has not been advertised the time required. The paymaster should have proven the notice, and the omission to do so left him with no right to a judgment. The judgment is reversed with costs, and remanded to the Court of Common Pleas, with instructions to reverse the judgment-of the justice, and set the cause for hearing under the statute.
1 Wright 369
Knight v. Payne
Decided August 15, 1833
Ohio Supreme Court · decided 1833-08-15
This case was originally brought by Payne before a justice of the peace, for a fine of $10.25, assessed ^against the defendant as a militia officer. At the trial, the [370 plaintiff produced a certified list from the court of appeals, showing a fine annexed to Knight’s name of $10.25. The defendant then offered evidence to show that he was not liable to fine, which the justice refused, and gave judgment for the plaintiff.
Decided 1833-08-15