Samuel Freeman Miller

“ If it be true that when the original action was presented to the circuit court of Preston county, the thing complained of was found to be an act in accordance with the usages of civilized war, during the existence of a war flagrant in that part of the country, that court should have proceeded no further, and its subsequent proceedings may be held to have been without authority of law. While it is not necessary to hold that the judgment, as presented by the record, is absolutely voi, it may be conceded that a court of equity, in a proper case, can prevent the enforcement of it. ”

“ But as the primary object in creating judicial tribunals is to provide a mode for the determination of controversies between individuals, and between individuals and the government, can it be said that no court had jurisdiction to inquire whether Freeland's cattle were taken by Williams without authority of law? ”

“ The legislature of New York subsequently passed a statute authorizing an appeal from the order of confirmation to be taken by the city at any time within four months, and made it a duty or the court to which such application should be made that, if it should appear that there was any error, mistake, or irregulatity at any stage of the proceedings, or that the assessments or awards had been unfair and unjust, to vacate the order of confirmation, and refer the matter back to new commissioners, who should proceed to amend and correct the report. ”

“ Judgments for torts are usually the result of violent contests, and, as observed by the court below, are imposed upon the losing party by a higher authority against his will and protest. The prohibition of the federal constitution was intended to secure the observance of good faith in the stipulation of parties, against any state action. Where a transaction is not based upon any assent of parties it cannot be said that any faith is pledged with respect to it ”