Mercer v. Humphrey

Opinion by

Judge Lindsay:

Mercer’s answer, as' amended, shows that he was not a soldier in the army of the United States, but a member of a command in *142the service of the state of Kentucky. His right, and the right of those under whom he acted, to take and appropriate for the public use the property of a citizen of Kentucky, was limited by the constitution of the state, which provides, in the 14th section of Bill of Rights, “that no man’s property shall be taken or applied to public use without the consent of his representatives, and without just compensation being previously made.”

It is not…