Price v. Poynter
Court of Appeals of Kentucky
CASE 95 — PETITION EQUITY APPEAL FROM CLARK CIRCUIT COURT. CITED— Act of Feby. 22, 1864; Sess. Acts., p. 120. Civil Code, secs. 228, 361. 18 B. Mon., 229 ; Clark vs. Seaton. CITED— Act of December 23, 1861, sec. 7; Myers’ Sup.,p. 39. 8 Cranch, 110; Brown vs. United States. CITED— Act of December 23, 1861; Myers’ Sup., 39.
1Opinion of the Court
JUDGE ROBEBTSQN
delivered the opinion of the court:
If the appellee’s horses, forcibly taken by a band of Col. John Morgan’s rebel army, in June, 1864, in Clark county, Kentucky, with the co-operation of the appel*388lant, Charles W. Price, then chaplain in that army, were taken without military authority, or for the benefit of the captors, and not for the use of the army, the tortious caption was robbery, for which each person engaged in it should be held responsible, according to both the common and the statute law of Kentucky.
But if the horses were taken for the public use of the Confederate…
2Cited by1 opinion
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