Home > Great American Court Cases > Luther v. Borden

Legal Citation: 48 U.S. 1 (1849)

Appellant
Martin Luther

Appellee
Luther M. Borden

Appellant's Claim
Luther M. Borden, acting under the martial law that had been declared by the state of Rhode Island, had invaded and searched Martin Luther's home. Martin Luther claimed that the government, under which Borden had acted, was not the legitimate government of Rhode Island. Therefore, Borden was guilty of trespass.

Chief Lawyers for Appellant
Benjamin F. Hallett; Nathan Clifford, U.S. Attorney General

Chief Lawyers for Appellee
John Whipple, Daniel Webster

Justices for the Court
Robert Cooper Grier, John McLean, Samuel Nelson, Roger Brooke Taney (writing for the Court), James Moore Wayne

Justices Dissenting
Levi Woodbury (John Catron, Peter Vivian Daniel, and John McKinley did not participate)