Opinion · Indiana Supreme Court

Dean v. Board of Commissioners

29 Ind. 117

Type: Opinion
Court: Indiana Supreme Court
Jurisdiction: Indiana
Date: 1867-11-15
Topic: general

Gregory, J. We think there is no material difference between this case and Miller v. The Board of Commissioners of Putnam Co., ante, p. 75. The fact that the person pro*118curing the substitute had been drafted, but not mustered into the service, can make no difference in principle. It would have been competent for the county to have paid a bounty to the drafted man.

Citator

UpLaw has not yet analyzed Dean v. Board of Commissioners. The absence of a flag is not a finding that it is good law.

Gregory, J.

We think there is no material difference between this case and Miller v. The Board of Commissioners of Putnam Co., ante, p. 75. The fact that the person pro *118 curing the substitute had been drafted, but not mustered into the service, can make no difference in principle. It would have been competent for the county to have paid a bounty to the drafted man. Why not, then, on his procuring a substitute ? The county, in each case, was relieved to that extent from the draft, and the government aided to a soldier. The court below erred in sustaining the demurrer to the complaint.

S. Turman, for appellant. D. E. Williamson and A. Daggy, for appellee.

The judgment is reversed, with costs, and the cause remanded, with directions to overrule the demurrer to the complaint, and for further proceedings.