Higdon v. Bradshaw

Court of Appeals of Kentucky

Higdon v. Bradshaw

1 Ky. Op. 589, 1867 Ky. LEXIS 351

DecidedJune 14, 1867

StatusPublished

This text of 1 Ky. Op. 589 (Higdon v. Bradshaw) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Higdon v. Bradshaw, 1 Ky. Op. 589, 1867 Ky. LEXIS 351 (Ky. Ct. App. 1867).

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Opinion

Opinion op the Court by

Judge Williams:

As Higdon had been drafted when he paid Bradshaw and Pate the $300 to exonerate him therefrom, or to furnish him a substitute,, it is evident that both parties supposed the draft was legal and binding when, in fact, the county had furnished its quota of soldiers and was not liable to draft; and on correction of the quota, those who had not already been sworn into the service were discharged; the money was, therefore, paid without consideration, both parties being under a mutual mistake, as was held by this court in-and should, therefore, be refunded. The peremptory instruction to find for the defendants was radically erroneous; wherefore, the judgment is reversed with directions for a new trial and further proceedings as herein indicated.

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Opinion op the Court by

Judge Williams:

As Higdon had been drafted when he paid Bradshaw and Pate the $300 to exonerate him therefrom, or to furnish him a substitute,, it is evident that both parties supposed the draft was legal and binding when, in fact, the county had furnished its quota of soldiers and was not liable to draft; and on correction of the quota, those who had not already been sworn into the service were discharged; the money was, therefore, paid without consideration, both parties being under a mutual mistake, as was held by this court in-and should, therefore, be refunded. The peremptory instruction to find for the defendants was radically erroneous; wherefore, the judgment is reversed with directions for a new trial and further proceedings as herein indicated.

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Bluebook (online)

1 Ky. Op. 589, 1867 Ky. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higdon-v-bradshaw-kyctapp-1867.