Trammell v. Bassett
Supreme Court of Arkansas
Appeal from Washington Circuit Court. Hon. Elias B. Harrell, Circuit Judge. It is insisted for the appellants that the court erred in sustaining the demurers to the 2d and 3d pleas, and in striking out the 5th. Soldiers cannot be held liable tor legitimate acts done in the prosecution of war. Halleoh on lnt.
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Appeal from Washington Circuit Court. Hon. Elias B. Harrell, Circuit Judge. It is insisted for the appellants that the court erred in sustaining the demurers to the 2d and 3d pleas, and in striking out the 5th. Soldiers cannot be held liable tor legitimate acts done in the prosecution of war. Halleoh on lnt. Law, chap. 19, seo. 31, p. 348: 5 Wheat. 152, The war was a civil war. 2 BlaoMs Hep. 635; and there is no distinction in the usages of war, whether it be a civil war or a foreign war. 7 Wheaton, 337; Tim Trqpie Wind, Law Hep., {July, 1861,) p>. 151; Hallecla's Lnt. Law, oh. 14, seos. 7,…
1Opinion of the Court
Mr. J ustice Clendenin
delivered the opinion of the court. .
On the 28th of July, 1865, the appellee, Bassett, commenced his action of trespass, against the appellants Leonard Trammell, George S. Trammell and Baker Pidcock, Daniel T. Smith, Jackson Dyer and George W. Drain. At the May term, 1866, all the defendants appeared. Smith filed his plea in abatement, and the other defendants their plea of not guilty, and also special pleas of justification. The plaintiff admitted the truth of Smith’s plea, and he w7as discharged. The plaintiff' joined issue on the plea of not guilty, and demurred to…
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