Ex parte Breeding
Texas Supreme Court
Applicant received from the Board of Examining Surgeons of the 2d Congressional District, a certificate of permanent unfitness to perform military service, in May, 1863. In December, 1863, after a published revocation by the Board of all certificates of disability, previously granted by them, applicant again presented himself before said Board, and was declared fit to perform military service in the field.
Read the full summary
Applicant received from the Board of Examining Surgeons of the 2d Congressional District, a certificate of permanent unfitness to perform military service, in May, 1863. In December, 1863, after a published revocation by the Board of all certificates of disability, previously granted by them, applicant again presented himself before said Board, and was declared fit to perform military service in the field. Writ issued January 16th, 1864. It was in proof by one witness, not a surgeon, that applicant was unfit for military duty. Held, that applicant was liable to perform military service. A…
1Opinion of the Court
Moore, J.,
delivered the opinion of the Court, and cited General Orders, No. 82, A. & I. G., Richmond, November 3, 1862.
Judgment affirmed.
2Cited by3 opinions
- McDowell v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1895
- Pope v. PopeCourt of Appeals of Kentucky · 1914
- Phelps v. PhelpsCourt of Appeals of Kentucky · 1917