
    Jacobs v. Levering.
    A commanding officer of the militia has no lawful authority to impress the horse of a citizen, even in time of war.
    Trespass for impressing the plaintiff’s horse.
    
      Mr. J. D. Simms, for the defendant,
    offered a witness to prove an order from General Young, commanding the militia, to impress horses.
    
      Mr. E. J. Lee, for the plaintiff.
   The Court

(Thruston, J., absent,)

decided that such an order would be no justification.  