Commonwealth v. Callan
Supreme Court of Pennsylvania
THIS was a habeas corpus to Lieutenant Callan of the cavalry, to bring up the body of R. L. Caustin a minor of 19 years of age; and the return was, that he held him as a soldier in the army of the United States, under an enlistment of the 20th of September 1813. , . . , . The facts were, that the minor at the time of his enlistment had neither father, master, nor guardian, but a mother; and he had enlisted without her consent.
1Per curiam
By the act of Congress of 20th January 1813, no person under the age of twenty-one, shall be enlisted or held in the service of the United States, without the consent in writing of his parent, guardian, or master, first had and obtained. The mother is a parent within that act, and her consent is necessary. He must therefore be discharged. The same has been decided by the Chief Justice at his chambers, and by the District Judge of Pennsylvania.
2Cited by5 opinions
- McConologue's caseMassachusetts Supreme Judicial Court · 1871
- Commonwealth ex rel. Smith v. ButlerSuperior Court of Pennsylvania · 1902
- In re McNultyDistrict Court, D. Massachusetts · 1873
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