Freeland v. Williams

Citations

• 131 U.S. 405
• 9 S. Ct. 763
• 33 L. Ed. 193
• 1889 U.S. LEXIS 1833

Syllabus

<p>The provision in the constitution of West Virginia of 1872 that the property of a citizen of the State should not “ be seized or sold under final process. issued upon judgments or decrees heretofore rendered, or otherwise, because of any act done according to the usages of civilized warfare in the prosecution of ‘ the war of the rebellion,’ by either of the parties thereto,” does not impair the obligation of a contract, within the meaning of the Constitution of the United States, when applied to a judgment previously obtained, founded on a tort committed as an act of public war.</p> <p>A bill in equity to invalidate a judgment obtained against the defendant for , a tort committed under military authority, in accordance with the usages of civilized warfare and as.an act of public war and to also enjoin its enforcement, is “ due process of law ” and is not in conflict with the Constitution of the United States.</p>