Knight v. Payne

Ohio Supreme Court

Knight v. Payne

1 Wright 369, 1 Ohio Ch. 369

DecidedAugust 15, 1833

StatusPublished

This text of 1 Wright 369 (Knight v. Payne) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Knight v. Payne, 1 Wright 369, 1 Ohio Ch. 369 (Ohio 1833).

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Opinion

BY THE COURT.

The militia law requires of the court of inquiry, after it has acted on the list of delinquents, to cause a notice-to be posted, and suit brought within thirty days thereafter, if the fine is not paid. There is no right of action, if the list has not been advertised the time required. The paymaster should have proven the notice, and the omission to do so left him with no right to a judgment. The judgment is reversed with costs, and remanded to the Court of Common Pleas, with instructions to reverse the judgment-of the justice, and set the cause for hearing under the statute.

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BY THE COURT.

The militia law requires of the court of inquiry, after it has acted on the list of delinquents, to cause a notice-to be posted, and suit brought within thirty days thereafter, if the fine is not paid. There is no right of action, if the list has not been advertised the time required. The paymaster should have proven the notice, and the omission to do so left him with no right to a judgment. The judgment is reversed with costs, and remanded to the Court of Common Pleas, with instructions to reverse the judgment-of the justice, and set the cause for hearing under the statute.

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Bluebook (online)

1 Wright 369, 1 Ohio Ch. 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-payne-ohio-1833.