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15 Me. 466

Macomber v. Shorey

Supreme Judicial Court of Maine

Decided June 15, 1839

Supreme Judicial Court of Maine · decided 1839-06-15

This is a writ of error, brought to reverse a judgment rendered by a justice of the peace, in favor of the defendant, in an action brought by the plaintiff in error against him to recover a fine for neglecting to appear at a company training. The only question was, whether Shorey was legally warned to appear at the training.

Decided 1839-06-15

¶1The case was continued for argument and advisement, and the opinion of the Court afterwards prepared by

Shepley J.

¶2The cases cited by the plaintiff’s counsel decide, that where a month is named in the body of an instrument, it is to be understood to be a month of the year of its date, unless it is apparent from the connexion, that another was intended. In those cases the instrument itself was regularly dated. In this case, there is no such date as to enable one to be satisfied, that one year rather than another of the present period was intended. The argument that the year may be inferred from the time, when the notice was handed to the party is not satisfactory ; because it leaves the person in doubt whether the paper was designed to be, or can be considered, as an authentic instrument. The law designs, that he should be made certainly, and not by conjecture, to know his duty before obedience is exacted.

¶3Judgment affirmed.

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