Vanderbilt v. Downing

Decided January 15, 1814

New York Supreme Court · decided 1814-01-15

IN ERROR, on certiorari, from a justice’s court. Downing sued Vanderbilt before the justice, to recover the amount of ® ame paid by him, in consequence of being returned by the defendant below, who was captain of a company of militia, as a delinquent for not appearing at the company parade, to the court-martial, who imposed a fine upon him. There was a trial by jury.

Cited by 1 later decisions — most recently January 1844

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1814-01-15

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Kent, Ch. J.

¶1The two last points are conclusive. There is no malice express or implied on the part of the plaintiff in error, and no- action can be maintained against him. The judgment below ought to be reversed.

Thompson, J.

¶2Every male inhabitant above 18 years of age, •and under 45, is, prima facie, liable to be enrolled in the militia; and how are the commandants of companies to know that a person is a quaker, or exempted from military duty, unless he claims his privilege ? It is the duty of the officer to return all defaulters, though they are quakers, to the court-martial as delinquents, unless they claim their privilege, and offer proper proof that they are entitled to the exemption given by the statute.

Per Curiam.

¶3Judgment reversed.