Clark v. Dick
U.S. Circuit Court for the District of Missouri
At law. This was an action of trespass-originally commenced in one of the state courts of Missouri, and afterwards removed, under the act of congress of 1803 (12 Stat. 757), to the circuit court of the United States,, for the district of Missouri. The right of removal was not contested or denied.
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At law. This was an action of trespass-originally commenced in one of the state courts of Missouri, and afterwards removed, under the act of congress of 1803 (12 Stat. 757), to the circuit court of the United States,, for the district of Missouri. The right of removal was not contested or denied. The trespasses were alleged to have been committed in the city of St. Louis, in January, 1SC2. The defendant [Franklin A. Dick] pleaded that at the time the alleged trespasses were committed, a state of civil war existed; that martial law was duly declared, and that the alleged trespasses were…
1Opinion of the Court
MILLER, Circuit Justice.
The first plea is a very minute and specific statement of facts intended to show that at the time of the supposed trespasses there existed in the state of Missouri, and in the city of St. *866Louis, where the transaction occurred, a state of flagrant war; that in consequence the commanding general had placed the city of St. Louis under martial law, and that hy virtue of such military authority he had caused contributions to be levied on certain persons, of whom the plaintiff was one; that a commission had been appointed to assess these contributions, by the commanding…
2Cases cited1 opinion
- Drehman v. StifelSupreme Court of Missouri · 1867
3Cited by1 opinion
- Fuller, Trustee v. RockOhio Supreme Court · 1932