Legal Opinion
Bianco v. Austin
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1922PublishedCited by 11 opinions
1Opinion of the Court
Dowling, J.:
This is an appeal from a mandamus order directing the defendant, as commanding officer of the 258th Coast Artillery Corps, New York National Guard, to issue a discharge of the petitioner from said regiment. The petitioner’s designation of the regiment is erroneous, the correct title being “ 258th Field Artillery.”
The petition was made and the order granted upon the ground that the petitioner enlisted when under the age of eighteen years without the consent of his parents.
It appears from the petition that the petitioner enlisted on October 20, 1920; that he attained the age of…
2Cases cited5 opinions
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- In Re MorrisseySupreme Court of the United States · 1890
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- People, Ex Rel. Frey v. . the Warden, Etc.New York Court of Appeals · 1885
- Dental Society v. JacobsAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by11 opinions
- Williams v. United StatesCourt of Appeals for the Tenth Circuit · 1951
- Lind v. Nebraska National GuardNebraska Supreme Court · 1944
- Storer Broadcasting Company, Detroit Fire & Marine Insurance Company and Associated Aviation Underwriters v. United StatesCourt of Appeals for the Fifth Circuit · 1958
- State v. Industrial CommissionWisconsin Supreme Court · 1925
- Gibson v. StateNew York Court of Claims · 1940
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