Franks v. Smith

Opinion of the Court by

Judge Carroll

Affirming.

The questions presented by this'record relate to the power of the Governor to order into active service the militia of the State, and the civil rights and liabilities of militiamen while so engaged, as well as the subordination of the military to the civil authorities in the territory into which they are directed to go. These important questions come up in an action to recover damages for false arrest, brought by the appellee Smith, a *234private citizen of Caldwell county, against the appellant Franks, McFarland, Cook, Kennedy and Gans, members of…