Legal Opinion

Ford v. Surget

Supreme Court of the United States

Decided November 18, 1878Published

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…

1Opinion of the Court

97 U.S. 594 (____)

FORD

v.

SURGET.

Supreme Court of United States.

Mr. R.D. Mussey for the plaintiff in error.

Mr. W.T. Martin for the defendant in error.

MR. JUSTICE HARLAN, after stating the case, delivered the opinion of the court.

We can notice only the ground of demurrer, which suggests that the defendant in his pleas sought to rely "for justification of the trespass committed by him upon matters in themselves wholly illegal, against peace and good policy, and contrary to the Constitution of the United States, the supreme law of the land, and the government thereof."

In view of the decision in…

2Cases cited19 opinions

  1. The Brig Amy WarwickSupreme Court of the United States · 1862
  2. The Santissima Trinidad.Supreme Court of the United States · 1822
  3. Thorington v. SmithSupreme Court of the United States · 1869
  4. FLEMING v. PageSupreme Court of the United States · 1850
  5. Williams v. BruffySupreme Court of the United States · 1878

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