Rogers v. Estis

Court of Appeals of Kentucky

Rogers v. Estis

16 Ky. 2, 1798 Ky. LEXIS 1

DecidedMay 19, 1798

StatusPublished

This text of 16 Ky. 2 (Rogers v. Estis) 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

Rogers v. Estis, 16 Ky. 2, 1798 Ky. LEXIS 1 (Ky. Ct. App. 1798).

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Opinion

Opinion of the Court, by

Ch. J. Muter.

IT is considered by the court, that there is error in the record, in this, that there is a material variance between the declaration and the article of agreement produced in evidence, the declaration stating that the said defendant was to pay the plaintiff £90, one half in cash, and the other in whiskey and horse-flesh, to be between the value of twenty-one pounds and twenty-five pounds, and the agreement stating that the said £90 was to be paid one half in cash, and the other in whiskey and horse-flesh, to be between the value of twenty and twenty-five pounds.

Judgment reversed.

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Opinion of the Court, by

Ch. J. Muter.

IT is considered by the court, that there is error in the record, in this, that there is a material variance between the declaration and the article of agreement produced in evidence, the declaration stating that the said defendant was to pay the plaintiff £90, one half in cash, and the other in whiskey and horse-flesh, to be between the value of twenty-one pounds and twenty-five pounds, and the agreement stating that the said £90 was to be paid one half in cash, and the other in whiskey and horse-flesh, to be between the value of twenty and twenty-five pounds.

Judgment reversed.

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Bluebook (online)

16 Ky. 2, 1798 Ky. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-estis-kyctapp-1798.