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· 7/1/1873

Olivari v. Merger

Citations

  • 39 Tex. 76

Syllabus

<p>1. The order of a military commandant in time of war, after martial law has--been declared, requiring an act to be performed by the citizen which is-contrary to his inclination, constituted as to such an one a condition of duress, though no threats or demonstrations of violence were used at the,time the act was performed.</p> <p>2. Evidence, in such a case, is admissible of the political views of one pleading duress to show that he stood in such position toward the military-authorities as would reasonably make him fear to disobey any military-order published.</p>

Judges: Walker

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