In re O'Connor
New York Supreme Court
OWEN O’CONNOR, the father, sued out a writ of habeas corpus, in December, 1866, directed to Major General Butterfield, superintendent of the general recruiting service of the United States, commanding him to produce the body of John O’Connor, appearing by the petition of the said Owen to be his son, enlisted into the service shortly before that time, under the age of twenty-one years ; the said Owen being entitled to the custody and services of his said son.
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OWEN O’CONNOR, the father, sued out a writ of habeas corpus, in December, 1866, directed to Major General Butterfield, superintendent of the general recruiting service of the United States, commanding him to produce the body of John O’Connor, appearing by the petition of the said Owen to be his son, enlisted into the service shortly before that time, under the age of twenty-one years ; the said Owen being entitled to the custody and services of his said son. General Butterfield returned, to the said writ, that the said John had been regularly enlisted into the army; and he annexed the…
1Opinion of the CourtIngraham, J.
In this case, while I am of opinion that the judges of the state .courts might have exercised jurisdiction, prior to the passage of the acts of 1862 and 1864, I am not clear that the right to exercise that power remains. Ho doubt congress might pass an act prohibiting the state judges from interfering with enlistments in the army or navy. If they possess that power, the inquiry arises, whether the provisions of those statutes do not virtually prohibit it. They provide for a mode of discharge by the secretary of war, and they annex terms and conditions in which such discharges can be granted.…
2Cited by3 opinions
- In re NeillDistrict Court, S.D. New York · 1871
- In re ReynoldsDistrict Court, N.D. New York · 1867
- In re FarrandDistrict Court, D. Kentucky · 1867