United States military necessitytakingsofficer liability

Mitchell v. Harmony

Mitchell v. Harmony, 54 U.S. (13 How.) 115 (1851)

JurisdictionUnited States

CourtSupreme Court of the United States

Year1852

StatusBinding authority

Key Principle

A military officer may take or destroy private property only where the danger is immediate and impending or the necessity for the public service so urgent that it will not admit of delay; absent such necessity the seizure is unlawful and the officer is personally liable, and superior orders are no defense to an unlawful taking.

Area of Law

General

Related Cases

Klein v. Martin 607 U. S. 213 (2026)

Ellingburg v. United States 607 U.S. ___ (2026)

Inc. v. Palmquist 607 U.S. 421 (2026)

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