United States ex rel. Lazarus v. Brown
District Court, E.D. Pennsylvania
Habeas corpus by the United States, on relation of Harry J. Lazarus, against Lieut. Col. Millard D. Brown, Commander of the First Regiment of the National Guard of Pennsylvania, now in the service of the United States Army, and another. On hearing upon petition and return of writ.
1Opinion of the Court
DICKINSON, District Judge.
The petition for the writ, in this case is by the parent of the relator. It is based upon the proposition of fact that the relator was under military age at the time he entered the service. There has been no traverse of the return. We must, in consequence, take the facts as presented by the return. The questions before us are in further consequence raised as upon a demurrer to the return. The return sets forth two independent grounds of detention. The first is based upon the fact of enlistment of the relator and of actual military service. The second is that the…
2Cases cited3 opinions
- In Re MorrisseySupreme Court of the United States · 1890
- Hoskins v. PellCourt of Appeals for the Fifth Circuit · 1917
- Hoskins v. FunkCourt of Appeals for the Fifth Circuit · 1917
3Cited by1 opinion
- Allen v. WilkinsonDistrict Court, M.D. Pennsylvania · 1955