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WILKES v. DINSMAN

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48 U.S. 89 (1849)

7 How. 89

12 L.Ed. 618

CHARLES WILKES, PLAINTIFF IN ERROR, v. SAMUEL DINSMAN.

Supreme Court of United States.

February 16, 1849.

Attorney(s) appearing for the Case

The case came up to this court upon these bills of exceptions, and was argued by Mr. Bradley and Mr. Toucey (Attorney-General), for the plaintiff in error, and Mr. May, for the defendant in error.

Mr. May, for defendant in error.

Mr. Toucey (Attorney-General), for the plaintiff in error.

Mr. Justice WOODBURY delivered the opinion of the court.

The original action in this case was trespass by a marine in the Exploring Expedition against its commanding officer.

It will be seen, by the statement of the case, that the injury complained of was a punishment inflicted on the plaintiff by the defendant, in November, 1840, near the Sandwich Islands, for disobedience of orders, or a refusal to perform duty when...

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