United States ex rel. Rush v. Watson
U.S. Circuit Court for the District of District of Columbia
This was a habeas corpus issued by Judge Dunlop [on the application of John Rush], and directed to an officer [B. T. Watson], commanding him to have the body of John H. Rush before him on a certain day, at 12 o’clock m. The officer returned to the writ that he held Rush as a deserter from the ship Pennsylvania, and for no other cause.
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This was a habeas corpus issued by Judge Dunlop [on the application of John Rush], and directed to an officer [B. T. Watson], commanding him to have the body of John H. Rush before him on a certain day, at 12 o’clock m. The officer returned to the writ that he held Rush as a deserter from the ship Pennsylvania, and for no other cause. The enlistment of Rush was made under the 1st section of the act of congress approved March 2d, 1837. claimed his discharge upon the ground that the government had no right to enlist Rush under the act, not having the consent of his mother to enlist him for the…
1Opinion of the Court
MORSELL and MERRICK, Circuit Judges,
were of this opinion, and DUNLOP, Chief Judge, dissented.
After hearing the counsel on both sides, the following order was thereupon issued: That the petitioner be remanded to the custody of B. T. Watson, subject to the order of the navy department, and that the writ of habeas corpus be quashed.
2Cited by1 opinion
- In re NortonDistrict Court, N.D. California · 1899