Brown v. Ilges
Brown v. Ilges
Opinion of the Court
By the Court,
The chief error alleged by the plaintiff, is the instruction given to the jury by the judge of the district court, to the effect that it was not necessary for them to pass upon all the points raised by the defendant in the case, and many of the material facts being undisputed, as there was one point presented which must prove 'fatal to the plaintiff’s claim, viz: that the property in question had been taken in pursuance of the general orders of the officer in command at Fort Laramie, to whom the defendant was subordinate; and that in a United States post and upon a United States military reservation, while the commanding officer had no jurisdiction over the persons of civilians, yet had a right to promulgate and enforce strict police regulations, and that if civilians resided upon military reservations, and allowed their stock to roam at will over the same, they must do it subject to such regulations and at their own risk. And that in this case the jury must find for the defendant and assess damages accordingly. We do not deem it necessary to inquire in this case whether the general order issued by the commandant at Fprt Laramie was strictly in accordance with the general law of the land, or whether he had any right to absolutely confiscate stock roaming at large about the post. There can be no question, especially as these
1. That the defendant, an officer of the United States Army, was acting in strict accordance with the commands of his superior officer, upon which superior officer the demand for the property should have been made, instead of upon this defendant.
2. That the justice of the peace before which the suit was commenced, and who issued the writ of replevin herein, and the one before whom said case was tried, had no jurisdiction over the military reservation at Fort Laramie.
The judgment of the district court is affirmed.
Reference
- Full Case Name
- BROWN v. ILGES
- Status
- Published