Dow v. Johnson

dissented from the opinion of the court on the point relating to the jurisdiction of this court, but concurred therewith on the remaining questions involved in the case.

Mr. Justice Clifford and Mr. Justice Miller dissented. Mr. Justice Clifford.

Officers and soldiers in the military service are not amenable, in time of war, to process from the civil tribunals for any act done in the performance of their duties; but if the injurious act done to person or property was wholly outside of the duty of the actor, and 'was wilfully and wantonly inflicted, for the mere purpose of oppression or private…