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21 Mass. 251

Commonwealth v. Paull

Massachusetts Supreme Judicial Court

Decided October 28, 1826

Massachusetts Supreme Judicial Court · decided 1826-10-28

<p>Upon a complaint of a clerk of a company of militia against a private, for neglect" ing to appear at a company meeting, the clerk is incompetent to testify to any other fact than that he gave notice to the private to appear at such meeting.</p>

Decided 1826-10-28

Per Curiam.

¶1The St. 1809, c. 108, § 18, provides, that the testimony of the clerk shall be evidence of notice to the men of any company, to appear at a time and place appointed, for any military duty, but it does not allow him to testify to other facts ; and by the general principles of law he is an incompetent witness, being interested in the fine to be imposed.1

¶2 Proceedings quashed.

¶3 See Revised Stat. c. 12, § 112, p. 128; Burt v. Dimmock, 11 Pick. 356.

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