Ex parte Winnard
Texas Supreme Court
On the 5th day of September, 1864, applicant petitioned for the writ of Habeas Corpus, alleging that he was illegally restrained of his liberty, by N. J. Moore, enrolling officer for Nacogdoches County. Writ issued September 6th. Respondent, in his return, claimed to bold applicant as a deserter from conscription, and subject to orders. Applicant was enrolled June 28th; he is 43 years of age.
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On the 5th day of September, 1864, applicant petitioned for the writ of Habeas Corpus, alleging that he was illegally restrained of his liberty, by N. J. Moore, enrolling officer for Nacogdoches County. Writ issued September 6th. Respondent, in his return, claimed to bold applicant as a deserter from conscription, and subject to orders. Applicant was enrolled June 28th; he is 43 years of age. Respondent permitted him to remain at home, pending his application for a detail, as a blacksmith ; which application was refused by Gen. Greer, C. B. C., T. M. D.; and an order endorsed thereon,…
1Opinion of the CourtRoberts, C. J.
James, Adm’r., 11th Mass., 396; The State v. Fleming, et. al., 7 Humph. 152; Dred Scott v. Samford, 19th Howard; Taylor v. Porter, 4 Hill, N. Y. R., 146; Fletcher v. Peck, 8 Cranch, 87; Bennett v. Boggs, 1st Baldwin, 74; 1st Kent’s Com., 488; Justice Chase’s opinion, Calder v. Bull, 3 Dall., 386; Bowman v. Middleton, 1 Bays S. C. Rep., 252; Bonaparte v. The Camden & Amboy R. R. Co., 1 Baldwin, C. C. Rep., 223; Smith’s Com., 251 to 309; Inhabitants of Medford v. Learned, 16th Mass., 215; Shelby v. Bacon, 10th Howard, 56.
Judgment affirmed.
Moore, J., did not sit in this case.
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