Lewis v. McGuire
Court of Appeals of Kentucky
CASE 62 — PETITION ORDINARY — APPEAL FROM MORSAS CIRCUIT COURT. CITED— 1 Mon., 96; Ferguson vs. Terry. 2 B. Mon., 357 ; Christopher vs. Covington £$• Smith. 2 Dana, 377'; Johnson vs. Castleman, fyc. Hallcck’s International Law, chap. 14, sec. 31, and chap. 16, sec. 8. 1 Kent’s Commentaries, p. 94. 2 Duvall, 496; Witherspoon vs. Farmers’ Bank.
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CASE 62 — PETITION ORDINARY — APPEAL FROM MORSAS CIRCUIT COURT. CITED— 1 Mon., 96; Ferguson vs. Terry. 2 B. Mon., 357 ; Christopher vs. Covington £$• Smith. 2 Dana, 377'; Johnson vs. Castleman, fyc. Hallcck’s International Law, chap. 14, sec. 31, and chap. 16, sec. 8. 1 Kent’s Commentaries, p. 94. 2 Duvall, 496; Witherspoon vs. Farmers’ Bank. Vattell, Droit des Gens, lio 3, chap. 9, sec. 13. 2 Granch, 17; Little and others vs. Bareme and others. 13 Howard, 113 ; Mitchell vs. Harmony. ■ 2 Duvall, 502; Christian Co. Ct. vs. Rankin ly Tharp. CITED— 2 Duvall, 496; Witherspoon vs. Farmers’ Bank.
1Opinion of the Court
’ JUDGE WILLIAMS
delivered the opinion op the court:
As decided by this court in a recent opinion, in Terrill vs. Rankin, to justify the taking of property from a noncombatant citizen of Kentucky by a military officer, it must appear that it was done under a legitimate proceeding and exercise of the power of impressment, or of military contribution, or exercise of some other legitimate belligerent right.
That neither the’ laws of war nor of nations authorize indiscriminate plunder; and that, as Kentucky was recognized as one of the family of the “ Confederate States” by that government, it…
2Cited by2 opinions
- Dills v. HatcherCourt of Appeals of Kentucky · 1869
- Johnson v. CoxCourt of Appeals of Kentucky · 1869