swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Armed Forces - From: 1800 To: 1849
This page lists 3 cases, and was prepared on 03 April 2018.
Astley v Ray And Others [1809] EngR 516; (1809) 2 Taunt 214; (1809) 127 ER 1059
28 Nov 1809
Armed Forces
Under the militia acts 42 G. 3, c. 90, arid 47 G. 3, c. 71, if a person balloted is found at the time of enrolment to be unqualified for the service, and another is balloted in his piace, out of the same list, this is a continuance of the same ballot, and is a legal ballot.
[ Commonlii ]
Home v Lord F C Bentinck [1820] EngR 447; (1820) 2 Br & B 130; (1820) 129 ER 907
17 Jun 1820
Defamation, Armed Forces
The commander-in-chief of the army, having directed an assemblage of commissioned military officers to hold an enquiry into the conduct of H., a commissioned officer in the army ; and H. having sued the president of the enquiry for a libel stated to be contained in the report thereupon made : Held, that this report was a privileged publication; that it was properly rejected as evidence at the trial ; and that an office copy of the same was also properly rejected.
1 Cites
1 Citers
[ Commonlii ]
In The Goods Of Hugh Donaldson Donaldson, M D [1840] EngR 555; (1840) 2 Curt 386; (1840) 163 ER 448 (A)
1 May 1840
Sir Herbert Jenner
Wills and Probate, Armed Forces
Sir Herbert Jenner said that: "The deceased must be considered to have been a surgeon in the East India Company's service; his being in charge of recruits for royal regiments, which was no part of his regimental duty, would not constitute him a Queen's officer. But, with respect to mariners, the exception is extended to merchant seamen, and by parity of reasoning, persons in the military service of the East India Company would seem to be included in the term 'soldiers'; there is nothing in the section of the Act which restricts the exemption to the Queen's soldiers."
1 Citers
[ Commonlii ]