Legal Opinion

In re Spangler

Michigan Supreme Court

Decided May 12, 1863PublishedCited by 14 opinions

Habeas Corpus, directed to Randolph Strickland, Draft Commissioner for the county of Clinton. From the return and the admissions of the parties the following facts were made to- appear, upon which the relator moved this Court for his discharge. On August 9th, 1862, the Adjutant General of the United States issued General Orders No. 99, as follows: “ Regulations for the enrollment and draft of three hundred thousand militia.

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Habeas Corpus, directed to Randolph Strickland, Draft Commissioner for the county of Clinton. From the return and the admissions of the parties the following facts were made to- appear, upon which the relator moved this Court for his discharge. On August 9th, 1862, the Adjutant General of the United States issued General Orders No. 99, as follows: “ Regulations for the enrollment and draft of three hundred thousand militia. In pursuance of an order by the President of the United States, bearing date August 4th, 1862, whereby it is provided that a draft of three hundred thousand militia be…

1Opinion of the Court

Martin Ch. J.:

Were it- not for the importance of the jurisdictional question presented in this case, and the imperative necessity for its settlement at this time, I should content myself with deciding that, upon the undisputed facts of this case, there is no error in the proceedings of the Draft Commissioner, and that Spangler must be re-delivered to his custody. His name was fully given and properly spelled upon the enrollment, and the trifling mistake of dropping out a letter from his name upon the ballot, when the person was clearly designated, could not render the draft invalid.

But I am…

2Cases cited1 opinion

  1. Ableman v. BoothSupreme Court of the United States · 1859

3Cited by14 opinions

  1. Angelus v. SullivanCourt of Appeals for the Second Circuit · 1917
  2. People ex rel. Trombley v. HumphreyMichigan Supreme Court · 1871
  3. McConologue's caseMassachusetts Supreme Judicial Court · 1871
  4. Ex parte HolmanSupreme Court of Iowa · 1869
  5. Druecker v. SalomonWisconsin Supreme Court · 1867

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