Daily Davenport gazette. [volume] (Davenport, Iowa) 1854-1855, 1855-06-04
Important Legal Decision Tho King Of Prussia
in IN An ,ricau Conrt.

In N A1,rlcan CoHfs.
frrom the 81. Louis Republican,
In tho ST. Louis Circuit Court, May 70
Hon. Al xand,r Hamilton, Judge Ills
Majesty Frederick William Nv. king OF
Pfussis, brought his action in sa'd nou,'
AGAINST Felix Caste, administrator OF feed-
REX William Kupper: claiming 1,ioo
,ha,ers. moneys alleged 10 have been EN-
hezxled bv the deceased, from the post office
of the King, which moneys belonged to
xarious subjects OF the King, and were, after
the embezzlement, reimbursed by the King
to the parties who were sufferers BY the
emhez.!emen, of Kupper.
The petition OF the King alleged, that
he Is an absolute monarch Of the Kingdom
of Pru STA, and, as King thereof, is the sole
government of that country that he Is un.
restrained By any constitution or law, and
that his will, expressed in due form, Is the
only law Of that country, and 10 the only
legal power there known to exist az law )
that by the law Of Prussia, any money, OF
its equivalent. sent through the Posi De-
n.rtment of Prussia, il lost or stolen, 10 70
be refunded to the owner by the King tnae
This was the law on the 10th Of April, lSas;
that Kupper was at that date the servant
md most officer of the King. at Wermelks.
kircben in the kingdom oi Prussia, and re-
ceived in his off ,ial capacity various sums
orm ,ney transmitted tn rough the mails, TO
r. delivered by him to the true owners at
Wermelkskirchen, and other moneys de-
posted with him by persons at that place
to be transmitted by him through the mails
to persons at various places, 10 the amount
Of 7,4o0 ,halers; that kupper abscond d
with said meney and embrzzlad il, and He'd
10 ST. Louis, where he died IN the summer
OF lS49, and Felix Coste became his ad-
ministrator on the 3l.t Of July 1919; that
the King paid the owners OF the moneys
!, q sums so embe1zled by kupper; and
therefore the KING claims tina, h ought to
rec yer against the defendant said sums nf
money % plid by the King to the owners
of the money emoezzed.
The defendant demurred to this petition,
for the reason that III re was no cause Of ae-
ton shown; thAt the p ymens by the hing
oil the moneys embezz, ed was v1iuni afy.
and We him no right OF action; and that
he had no gal cap city to sue IN this Court,
&c.
The case was argued by c. Gibson, ESQ,
for thu plaintiff. and by Baron Bates and b.
A Hill, Eslrs., for the defendant.
Tho Court held that the petition did no
show ATTY cause oil action, al common law /;
that the payment money tothe true own
RS, by the King, did not, at common Law,
authorize the King 10 recover il Of the de-
! PENDANT, and that this Court had no Juris-
! dic;ion over The question as to the extent
/ the powers Of the K ng OF Prussia in his
sovereign capacity, - create legal iiabil :
/ ty against party by the exercise OF h> will
/ IN any form; or as 10 the power of the h NC,
/ As sovereign, 10 declare that kupper was
| llabr TO pay him IS sovereign; th,t whhe
! the King could sue in this Court in his cor
porate capacity. waving his sovereignty
for the recovery Of any d'lnand recognized
by our laws, yet, in case Ike the present,
where the action is based upon the powers
Of the King, as sovereign OF foreign
State, he must prosecute his claim before
that tribunal h wing the sole jurisdiction OF
such questions. and State Court canno,
I take cDg.iz4nce of them.
| Judgment was rendered for the defendant.