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" There are, without doubt, occasions in which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy; and also where a military officer, charged with a particular duty, may impress... "
Reports of Cases at Law and in Chancery Argued and Determined in the Supreme ... - Σελίδα 158
των Illinois. Supreme Court - 1869
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The North American Review, Τόμος 163

1896 - 818 σελίδες
...occasions in which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy ; and also...officer is not a trespasser. " But we are clearly of opinion that in all of these cases the danger must be immediate and impending ; or the necessity urgent...

The North American Review, Τόμος 163

1896 - 780 σελίδες
...occasions in which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy; and also...to the owner; but the officer is not a trespasser. " Bat we are clearly of opinion that in all of these cases the danger must be immediate and impending;...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 13

United States. Supreme Court - 1852 - 668 σελίδες
...possession of or destroyed to prevent it from falling into the hands of the public enemy; and alsowhere a military officer, charged with a particular duty,...for public use. Unquestionably, in such cases, the go 'ernment is bound to make full compensation to the owner ; but the officer is riot a trespasser....

Reports from the Court of Claims Submitted to the House of ..., Τόμος 1

United States. Court of Claims - 1857 - 728 σελίδες
...occasions in -which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy; and also...officer is not a trespasser. But we are clearly of opinion that in all of these cases the danger must be immediate and impending, or the necessity urgent...

Reports of Committees: 30th Congress, 1st Session - 48th Congress ..., Τόμος 1

United States. Congress. Senate - 1857 - 996 σελίδες
...occasions in which private property may lawfully be taken possession of or destroyed, to prevent it from falling into the hands of the public enemy ; and also...the officer is not a trespasser. But we are clearly o: opinion, that in all of these cases the danger must be immediate an-1 impending, or the necessity...

Reports from the Court of Claims Submitted to the House of ..., Τόμος 2

United States. Court of Claims - 1861 - 664 σελίδες
...occasions in which private property may lawfully be taken possession of or destroyed to prevent it trom falling into the hands of the public enemy, and also...private property into the public service or take it for the public use. Unquestionably in such cases the government is bound to make full compensation to the...

Habeas Corpus and Martial Law: A Review of the Opinion of Chief Justice ...

Joel Parker - 1862 - 56 σελίδες
...occasions in which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy; and also where a military officer, * 1 Knapp's Reports, 867. charged with a particular duty, may impress private property into tl public...

The Trial of Hon. Clement L. Vallandigham: By a Military Commission; and the ...

Clement Laird Vallandigham - 1863 - 292 σελίδες
...occasions in which private property may lawfully be taken possession of or destroyed, to prevent it from falling into the hands of the public enemy; and also...to the owner; but the officer is not a trespasser." . . . "It is the emergency that gives the right, and the emergency must be shown to exist before the...

Cases Decided in the United States Court of Claims ... with ..., Τόμος 125

United States. Court of Claims, Audrey Bernhardt - 1958 - 1004 σελίδες
...occasions in which private property may lawfully be taken possession of or destroyed to prevent it from falling into the hands of the public enemy ; and also...officer is not a trespasser. But we are clearly of opinion, that in all of these cases the danger must be immediate and impending; or the necessity urgent...

An Introduction to the Constitutional Law of the United States: Especially ...

John Norton Pomeroy - 1868 - 588 σελίδες
...destroyed, to prevent it from falling into the hands of the public enemy; and also 1 13 Howard's R. 115. where a military officer charged with a particular...to the owner, but the officer is not a trespasser." I pause in the citation to remark that this duty is only moral and not legal. Were it legal, it could...




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