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9 Mass. 270

Commonwealth v. Bullard

Massachusetts Supreme Judicial Court

Decided September 15, 1812

Massachusetts Supreme Judicial Court · decided 1812-09-15

This was a writ of certiorari directed to a justice of the peace, commanding him to certify the proceedings had before him upon the complaint of Bullard, as clerk of a militia company, (against one Nahum Andrews, a private soldier in the same company,) at whose suit the writ of certiorari issued.

Decided 1812-09-15

Curia.

¶1It is very clear that Andrews was not duly equipped according to law; and he was therefore liable to a fine. The evidence before the justice was sufficient to overrule the return of the clerk, which was obtained by a fraud practised upon him by Andrews, who ought to have been convicted. Let the proceedings be quashed.

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