Summary
The court considered whether United States Army soldiers were liable in trespass for taking the plaintiff’s horses after the surrender of Confederate forces in North Carolina. It held that, after the rebellion had been suppressed, North Carolina laws protecting private rights had resumed their force against unauthorized acts by military personnel. The judgment for the plaintiff was affirmed.
Topics
Practice areas
Questions Presented
- Whether United States Army soldiers were liable for trespass when, after the suppression of the rebellion in North Carolina, they took private property on the command of a captain without showing authorization from the United States government or a superior officer.
- Whether military status or an asserted order from a superior officer immunized the defendants from liability under North Carolina laws protecting private property.
Holdings
- United States soldiers who, after hostilities had ended and the rebellion in North Carolina had been suppressed, took private property without demonstrated governmental authorization were liable for trespass.
- A defendant's status as a United States soldier and reliance on a captain's command do not defeat trespass liability absent proof that the command was authorized by the United States government or a superior officer.
Key quotations
“upon the suppression of the rebellion those laws resumed their original vigor, at least as against the unauthorized acts of the soldiery.” (63 N.C. at 260)
“There is no error in the judgment, and it is affirmed.” (63 N.C. at 260)
Factual background
Franklin, a lieutenant, and Burleson, a private, served in the United States Army. On May 17, 1865, acting on the command of Captain Jenkins, they took two horses from Wilson's possession in Mitchell County. By that time, Confederate forces in North Carolina had surrendered and the rebellion in the State had been suppressed; the record did not show that Jenkins acted under orders of the United States government or a superior officer.
Procedural history
The case was tried before Shipp, J., at the Spring Term of 1868 in the Superior Court of Mitchell County. The defendants pleaded the general issue and that they were United States soldiers acting under superior orders. The special verdict found that the defendants took the horses on command of their captain after the Confederate surrender in North Carolina, and the trial court entered judgment for the plaintiff. The Supreme Court of North Carolina affirmed.