Legal Opinion

McCall's Case

District Court, E.D. Pennsylvania

Decided March 27, 1863PublishedCited by 1 opinion

HABEAS CORPUS. Petition for Habeas Corpus.

1Opinion of the CourtCadwalader, J.

The petitioner was arrested at his residence in Montgomery County, Pennsylvania, by military officers of the United States, as a deserter from the military service into which he had, as they allege, been drafted under the act of the 17th July, 1862. The allegation is that he disobeyed the order to attend at the county-seat within five days of the time of drafting. The arrest was made under the supposed authority of the act of Congress of 3d March, 1863, for en*592rolling and calling out the national forces, and for other purposes. The 13th section of this law enacts, that a person drafted under…

2Cases cited7 opinions

  1. Houston v. MooreSupreme Court of the United States · 1820
  2. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  3. Keene v. MeadeSupreme Court of the United States · 1830
  4. Franklin v. TalmadgeNew York Supreme Court · 1809
  5. Wood v. ReynoldsSupreme Court of Pennsylvania · 1844

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3Cited by1 opinion

  1. Ex parte DostalDistrict Court, N.D. Ohio · 1917

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