Welborn v. Mayrant

Citations

• 48 Miss. 652

Syllabus

<p>1. Reconstruction' — military commanders. — While, in matters purely political and for the preservation of the public order, very large discretion was given by the reconstruction laws to the military commanders in the lately insurrectionary states, absolute power over personal and property rights was not given. They could not, for example, set aside and vacate the judgment of a court in a civil suit. Per Curiam, Tarbell, J., dissenting.</p> <p>2. Same. — Under the authority of the laws of congress, “ to protect all persons in their right of person or property,” and declaring that “all interference, under color of state authority, with the exercise of the military authority,” should be “ null and void,” and requiring that the rebel state governments should, if continued, be “subject in all respects to the military commanders,” the commanders had competent authority, in certain cases, to set aside the judgment of a circuit court and an award on which the same was based. Per Tarbell, J.</p>