Ford v. Surget
Supreme Court of the United States
Error to the Supreme Court of the State of Mississippi. Ford filed his complaint against Surget in the Circuit Court of Adams County, Mississippi, on the 2d of October, 1866, alleging that he, “ at his plantation in said county, on the fifth day of May, in the year 1862, was possessed, as of his own personal property, of two hundred bales of cotton, averaging in weight four hundred pounds per bale, and of the value of $600 per bale; and that he being so possessed, Surget, at…
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Error to the Supreme Court of the State of Mississippi. Ford filed his complaint against Surget in the Circuit Court of Adams County, Mississippi, on the 2d of October, 1866, alleging that he, “ at his plantation in said county, on the fifth day of May, in the year 1862, was possessed, as of his own personal property, of two hundred bales of cotton, averaging in weight four hundred pounds per bale, and of the value of $600 per bale; and that he being so possessed, Surget, at the place aforesaid, and upon the day and year aforesaid, did wilfully and utterly, and against the consent and will of…
1ConcurrenceJustice Clifford
concurred in the judgment of the court, and delivered the following opinion: —
Parties belligerent in a public war are independent nations; but it is not necessary that both parties should be acknowledged as such in order to the enjoyment of belligerent rights, as war may exist where one of the belligerents claims sovereign rights against 'the other, the rule being, that when the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts of justice cannot be open, civil war exists, and hostilities may be prosecuted to the same extent as in public war.…
2Cases cited16 opinions
- The Brig Amy WarwickSupreme Court of the United States · 1862
- The Santissima Trinidad.Supreme Court of the United States · 1822
- Thorington v. SmithSupreme Court of the United States · 1869
- FLEMING v. PageSupreme Court of the United States · 1850
- Hamilton v. DillinSupreme Court of the United States · 1875
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