{
  "id": 8692285,
  "name": "The Governor v. Col. Thomas Bell",
  "name_abbreviation": "Governor v. Bell",
  "decision_date": "1819-05",
  "docket_number": "",
  "first_page": "331",
  "last_page": "332",
  "citations": [
    {
      "type": "nominative",
      "cite": "3 Mur. 331"
    },
    {
      "type": "official",
      "cite": "7 N.C. 331"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T14:45:47.457789+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Governor v. Col. Thomas Bell."
    ],
    "opinions": [
      {
        "text": "By the Court\nThe act of 1806, makes the certificate of the Adjutant-General, proof of the delinquency only of the officer. To render the Defendant liable to the penalty, it is necessary further to prove that he ivas an officer at the time, and hound to make the return. \u2014 The nonsuit was properly awarded, and the rule for a new trial must be discharged\u00bb",
        "type": "majority",
        "author": "By the Court"
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "The Governor v. Col. Thomas Bell.\nFrom Wake.\nAction of debt for 2SI. the penalty incurred by a Colonel of the militia, for not making a return to the Brigadier-General, as directed by the act of 1806, relative to the militia. The certificate of the Adjutant-General, is evidence under that act, only of the delinquency of the offi. cer. It is not evidence, that the person sued, was an officer at the time, and bound to make the return, ,\nThis was an action of debt to recover the sum of twenty-five pounds^ the penalty incurred by a Colonel of the Mi-Ktia, for failing to make a return to the Brigadier-General. Upon the trial, the Plaintiff offered in evidence the following certificate of the Adjutant-General, to-wit: \u00b0 .\n\" STATE 0E NOKTH-CAROLINA.\n\u201c I do hei\u2019cby certify that Thomas Bell was Lieutenant-Colonel Com- \u201c manda.it of the regiment of militia in Camden County for the year \u201c 1815 : and that he the said Thomas Bell did not as' such, mate his mili- \u201c tary return to the Brigadier General of the brigade in which Camden \u201c County was included for the said year, as directed by the law in such \u201c cases made and provided. Given under my hand and seal at Raleigh, \u201c this 15th day of October, A. D. 1818..\nc- ROBERT WILLIAMS, Jtdjutant-Genertd\nof the Militia of North- Carolina. (Seal.)\nAnd no other evidence was offered on behalf of the Plaintiff. On behalf of the Defendant, it was insisted that under the act of 1806, relative to the militia, the certificate of the Adjutant-General was evidence only as to the delinquency ; that it was no evidence of the Defendant\u2019s being the Lieutenant-Colonel commandant as stated in the certificate \u2014 and of this opinion was the Court; and the Plaintiff was nonsuited. A rule for a new trial was obtained, which upon argument was discharged, and the Attorney-General on behalf the Plaintiff appealed."
  },
  "file_name": "0331-01",
  "first_page_order": 335,
  "last_page_order": 336
}