In re Higgins
Wisconsin Supreme Court
CERTIORARI to a Court Commissioner for Dane County. The return to the writ showed. that the commissioner on the petition of Seth D. Higgins, in the usual form, alleging among other things, that his son, Parley E. Higgins, was unlawfully restrained of his liberty at Camp Randall, by Brigadier Gen. W. L. Elliot, commanding the department of the North-West, upon the pretense that he, said Parley E. Higgins, had enlisted as a private in the first Wisconsin cavalry, but that such…
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CERTIORARI to a Court Commissioner for Dane County. The return to the writ showed. that the commissioner on the petition of Seth D. Higgins, in the usual form, alleging among other things, that his son, Parley E. Higgins, was unlawfully restrained of his liberty at Camp Randall, by Brigadier Gen. W. L. Elliot, commanding the department of the North-West, upon the pretense that he, said Parley E. Higgins, had enlisted as a private in the first Wisconsin cavalry, but that such enlistment was void, for the reason that he was at the time he enlisted, a minor, under the age of eighteen years, and…
1Opinion of the Court
By the Court,
Cole, J.
In the case of Gregg, 15 Wis., 479, two propositions of law were decided.
First, That it was competent for- the government of the United States to make the contract of enlistment of a minor valid, although he might enlist without the consent of his parent or guardian; and
Second, That congress had exercised this power by providing for the enlistment of minors over the age of eighteen years .into the army of the United States, without such consent.
Upon the first point several authorities are cited, maintaining the power of the general government to render valid such a…
2Cases cited2 opinions
- Commonwealth v. HarrisonMassachusetts Supreme Judicial Court · 1814
- In re GreggWisconsin Supreme Court · 1862
3Cited by5 opinions
- State v. WoodSupreme Court of North Carolina · 1918
- State v. . WoodSupreme Court of North Carolina · 1918
- Smith v. Auditor GeneralMichigan Supreme Court · 1911
- In re McDonaldDistrict Court, D. Massachusetts · 1866
- State v. LewisSupreme Court of North Carolina · 1906