 | 1855 - 736 strani
...in the language of a recent decision of the Supreme Court of the United Slates.1 Upon authority, and upon principle, independent of the weight of judicial decision, it can never be maintained llvit a soldier or military officer can justify himself for -doing an unlawful act, by producing the... | |
 | United States. Supreme Court - 1852 - 668 strani
...case of Captain Gambler, to which we have just referred, is directly in point upon this question. And upon principle, independent of the weight of judicial...superior. The order may palliate, but it cannot justify. But in this case the defendant does not stand in the situation of an officer who merely obeys the command... | |
 | Ebenezer Rockwood Hoar - 1854 - 22 strani
...in the language of a recent decision of the Supreme Court of the United States. Upon authority, and upon principle, independent of the weight of judicial decision, it can never be maintained that a soldier or military officer can justify himself for doing an unlawful act, by producing the order of... | |
 | Joel Parker - 1862 - 56 strani
...case of Captain Gambier, to which we have just referred, is directly in point upon this question. And upon principle, independent of the weight of judicial...can never be maintained that a military officer can 43 justify himself for doing an unlawful act, by producing the order of his superior. The order may... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 746 strani
...case of Captain Gambier, to which we have just referred, is directly in point upon this question. And upon principle, independent of the weight of judicial...superior. The order may palliate, but it cannot justify. But in this case the defendant does not stand in the situation of an officer who merely obeys the command... | |
 | Rollin Augustus Ives - 1879 - 514 strani
...will and accord. Thus, in the case of Mitchell vs. Harmony, the United States Supreme Court held that upon principle, independent of the weight of judicial...his superior. The order may palliate, but it cannot justify.2 Disobedience of orders, however, is one of the severest offenses known to the military code,... | |
 | 1888 - 912 strani
...mentioned by Lord Mansfield in his opinion in Mostyn v. Fabrigas, l Cowp., 180, and observing that "upon principle, independent of the weight of judicial...maintained that a military officer can justify himself for doiug an unlawful act by producing the order of his superior. The order may palliate, but it can never... | |
 | United States. Supreme Court - 1904 - 688 strani
...mentioned by Lord Mansfield in his opinion in Mostyn v. Fabriffas (1 Cowp. 180). and observing, that " upon principle, independent of the weight of judicial...order of his superior. The order may palliate, but it can never justify." And in that case the court added that the defendant did not stand in the situation... | |
| |
And upon principle, independent of the weight of judicial decision, it can never be maintained that a military officer can justify himself for doing an unlawful act, by producing the order of his superior. 
