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Dow Vs. Johnson
Cites for this judgment
- US Supreme Court
- Jan 01, 1879
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U.S. 158 (1879) U.S. Supreme Court Dow v. JohnsonSearch
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U.S. 158 (1879) Dow v. JohnsonSearch
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laws, administered by its authority, could they be called to account. As was observed in the recent case of Coleman v. TennesseeSearch
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taken in such case may have had a just claim against the government for indemnity. The case of Elphinstone v. BedreechundSearch
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judgment in question, and the special pleas in this case constituted a perfect answer to the declaration. See Coleman v. TennesseeSearch
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also LeCaux v. EdenSearch
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Brief any citation in this list with AI Studio
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and Coolidge v. GuthrieSearch
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the law shall alone govern, and to it the military must always yield. We do not controvert the doctrine of Mitchell v. HarmonySearch
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of justice, except when the civil tribunals are silenced by the exigencies of military rule or martial law. Luther v. BordenSearch
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right, and it is clear that the emergency must be shown to exist before the taking can be justified. United States v. RussellSearch
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being that an order to commit a trespass can afford no justification to the person by whom it is executed. Mitchell v. HarmonySearch
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nor in the second, unless it appeared that the necessity and urgency were such as would not admit of delay. Farmer v. LewisSearch
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abuse of his authority, and the owner of the goods is entitled to recover in trespass for the damage suffered. Harmony v. MitchellSearch
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the universal rule was that the supreme court would only consider the single question or questions certified. Ogle v. LeeSearch
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question or questions certified here by the circuit judges, in respect to which they were divided in opinion. Ward v. ChamberlainSearch
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of division to anything except what would be open to revision here under a writ of error or appeal. Davis v. BradenSearch
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those tribunals courts of general jurisdiction in all civil causes not embraced within the exception. Fournequet v. PerkinsSearch
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true that the jurisdiction of suits of every description is transferred to the new tribunals. United States v. RiceSearch
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conceded that the mere occupancy of the territory does not necessarily displace the local tribunals of justice. Pein v. LachenmeyerSearch
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of General Butler, seize private property as booty of war, or make any order confiscating it. Planters' Bank v. UnionSearch
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in this case is wholly wanting, without which the acts charged in the declaration cannot be justified. Sellards v. ZomesSearch
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judicial process for the abuse of his authority or for wrongful acts done outside of his military jurisdiction. Mortyn v. FabrigasSearch
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the questions were elaborately argued, and that the judgment of the lower court was unanimously affirmed. McLaughlin v. GreenSearch
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Way v. YallySearch
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an action of trespass brought by the soldier against the captain, that the plaintiff was entitled to recover. Mallory v. BryantSearch
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military forces, but in all other cases, the civil power excludes martial law and government by the war power. Griffin v. WilcoxSearch
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of war and such that a person of ordinary intelligence would know that obedience would be illegal and criminal. Riggs v. StateSearch
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Commonwealth v. PalmerSearch
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as booty or to confiscate it, for the reason that hostilities had ceased and the courts were open. Planters' Bank v. UnionSearch
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Rogers v. DuttSearch
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Wilson v. FranklinSearch
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not within his jurisdiction, his acts are void, and will afford no justification to those who act under him. Darling v. BowenSearch
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if any be needed, is found in several English Page 100 U. S. 190 cases of undoubted authority. Warden v. BaileySearch
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of that district, after the said proclamation, could not seize private property as booty of war. Planters' Bank v. UnionSearch
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U.S. Supreme Court Dow v. JohnsonSearch
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of Coleman v. TennesseeSearch
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of Elphinstone v. BedreechundSearch
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See Coleman v. TennesseeSearch
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LeCaux v. EdenSearch
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of Mitchell v. HarmonySearch
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United States v. RussellSearch
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