Legal Opinion

Weems v. Farrell

Supreme Court of Georgia

Decided January 15, 1863PublishedCited by 8 opinions

Habeas Corpus. Decision by Judge Lochkane, at Cham- ' bers, 19th December, 1862. Joseph Farrel applied to the Hon. Osborne A. Lochrane, one of the Judges of the Superior Courts of this State, for the writ of habeas corpus to be discharged from the custody of Col. John B. Weems, enrolling officer for the district of Georgia, by whom he was unlawfully detained.

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Habeas Corpus. Decision by Judge Lochkane, at Cham- ' bers, 19th December, 1862. Joseph Farrel applied to the Hon. Osborne A. Lochrane, one of the Judges of the Superior Courts of this State, for the writ of habeas corpus to be discharged from the custody of Col. John B. Weems, enrolling officer for the district of Georgia, by whom he was unlawfully detained. The petition states that petitioner, on the 17th of May, 1862, being then subject to enrollment under the Act of Congress, approved 16th April, 1862, and entitled “An Act further to provide for the public defense,” availing himself of…

1Opinion of the Court

By the Court. —

Jenkins, J., delivering the opinion.

These cases having been returned to the same term of the Court, and depending upon the same rules of law, were consolidated for the purposes of the argument, and the following opinion governs both:

On the 16th of April, 1862, the Congress of the Confederate States passed an Act, entitled “ An Act to further provide for the public defense,” whereby the President is authorized “ to call out and place in the military service of the Confederate States for three years, unless the war shall have been sooner ended, all white men who are residents of…

2Cited by8 opinions

  1. Week v. Big Bunker Hill Mining Corp.Supreme Court of Georgia · 1941
  2. Bass v. DoughtyCourt of Appeals of Georgia · 1909
  3. Jennings v. SuggsSupreme Court of Georgia · 1935
  4. Kilgore v. PaschallSupreme Court of Georgia · 1947
  5. Georgia, Florida & Alabama Railway Co. v. SasserSupreme Court of Georgia · 1908

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