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Usurped Power

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

in insurance. By an article of the printed proposals which are considered: as making a part of the contract of insurance it is provided that, ‘“ No loss or damage by fire, happening by any invasion, foreign enemy, or any military or usurped power whatsoever, will be made good by this company.” Lord C. J. Wilmot, Justice Gould, determined that the true import of the words usurped power in the proviso, was an invasion from abroad, or an internal rebellion, where armies are drawn up against each other, when the laws are silent, and when the firing of towns becomes unavoidable; but that those words could not mean the wer of a common mob.

2 Marsh. ns. 790.