Respublica v. Sparhawk
Supreme Court of the United States
Tnis was an appeal from the comptroller-general’s decision, on the trial of which, by consent of the attorney-general, Sparhawk was considered as plaintiff. There was a verdict and judgment nisi for the commonwealth, when IngersoU obtained a rule to show cause why a new trial should not be granted.
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Tnis was an appeal from the comptroller-general’s decision, on the trial of which, by consent of the attorney-general, Sparhawk was considered as plaintiff. There was a verdict and judgment nisi for the commonwealth, when IngersoU obtained a rule to show cause why a new trial should not be granted. The ease was this : Congress, perceiving that it was the intention of the British army to possess themselves of Philadelphia, and being informed that considerable deposits of provisions, &c., were made in that city, entered into a resolution, on the 11th of April 1777, that “a committee should be…
1Opinion of the Court
The Chief Justice, after stating the case, delivered the opinion of the court as follows :
McKean, Chief Justice.
On the circumstances of this case, two points arise : 1st, Whether the appellant ought to receive any compensation, or not ? And 2d, Whether this court can grant the relief which is claimed ?
Upon the first point, we are to be governed by reason, by the law of nations, and by precedents analogous to the subject before us. The transaction, it must be remembered, happened flagrante bello; and many things are lawful in that season, which would not be permitted in a time of peace. The…
2Cited by32 opinions
- United States v. Caltex (Philippines), Inc.Supreme Court of the United States · 1953
- Biello v. Pennsylvania Liquor Control BoardSupreme Court of Pennsylvania · 1973
- United States v. Pacific RailroadSupreme Court of the United States · 1887
- Southwest Engineering Co. v. ErnstArizona Supreme Court · 1955
- Brooks v. StateSupreme Court of Delaware · 1911
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