Commonwealth v. Cutter

Massachusetts Supreme Judicial Court

Commonwealth v. Cutter

8 Mass. 279

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1811

StatusPublished

This text of 8 Mass. 279 (Commonwealth v. Cutter) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Cutter, 8 Mass. 279 (Mass. 1811).

Pincite

Opinion

By the Court.

The service of the notification we think sufficient to have compelled the soldier’s appearance, or the exaction of a fine for his neglect, had he been liable to serve in this corps. But we are of opinion that he was not so liable. After seven years’ service he was regularly entitled to his discharge. Any other construction of the clause of the statute cited to this point would render it nugatory.

Proceedings quashed.

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By the Court.

The service of the notification we think sufficient to have compelled the soldier’s appearance, or the exaction of a fine for his neglect, had he been liable to serve in this corps. But we are of opinion that he was not so liable. After seven years’ service he was regularly entitled to his discharge. Any other construction of the clause of the statute cited to this point would render it nugatory.

Proceedings quashed.

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Bluebook (online)

8 Mass. 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-cutter-mass-1811.