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GATES V. GOODLOE, 101 U. S. 612 (1879)

U.S. Supreme Court

Gates v. Goodloe, 101 U.S. 612 (1879)

Gates v. Goodloe

101 U.S. 612


1. Where the defendant in error moved to dismiss a writ sued out by three partners, two of whom had previously received their discharges in bankruptcy, on the ground that the assignee alone could prosecute it, the court grants the application of the latter to be substituted as a plaintiff in error.

2. Semble that the partner against whom no bankruptcy proceedings were instituted might have sued out the writ, using, if necessary, the names of all the parties against whom the judgment had been rendered.

3. The court reaffirms the ruling in The William Bagaley, 5 Wall. 377, that a resident of a section in rebellion should leave it as soon as practicable and adhere to the regular established government, and furthermore holds that one who, abandoning his home, enters the military lines of the enemy and is in sympathy and cooperation with those who strive by armed force to overthrow the Union is, during his stay there, an enemy of the government and liable to be treated as such, both as to his person and property.

4. When in 1882, at a time when there was no such substantial, complete, and permanent military occupation and control of Memphis as has been held

Page 101 U. S. 613

sometimes to draw after it a full measure of protection to persons and property, and when no pledge had been given which would prevent the general commanding the forces of the United States from doing what the laws of war authorized and his personal judgment sanctioned as necessary for and conducive to the successful prosecution of the war, held that he had the right to collect rents belonging to a citizen who had gone and remained within the lines of the enemy and hold them subject to such disposition as might thereafter be made of them by the decisions of the proper tribunals.

6. A lessee who was dispossessed by the military authorities under such circumstances and deprived of the use and control of the demised premises is discharged from liability to his lessor for rent accruing during the period of such dispossession.

The facts are stated in the opinion of the Court.

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