Legal Opinion

In re Chapman

U.S. Circuit Court for the Northern District of Georgia

Decided January 23, 1889PublishedCited by 4 opinions

Application for Habeas Corpus. On appeal from district court. Application by J. C. Chapman for a writ of habeas corpus. On the hearing in the district court, Judge Newman delivered the following opinion: “ It appears in this case that the petitioner, J. O. Chapman, enlisted in the United States army at Atlanta, Ga., when twenty years and eighfc months old. lie is now nearly twenty-three years of age.

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Application for Habeas Corpus. On appeal from district court. Application by J. C. Chapman for a writ of habeas corpus. On the hearing in the district court, Judge Newman delivered the following opinion: “ It appears in this case that the petitioner, J. O. Chapman, enlisted in the United States army at Atlanta, Ga., when twenty years and eighfc months old. lie is now nearly twenty-three years of age. Some live or six weeks after his enlistment he deserted from the army, and has since been at large. He had been arrested as a deserter, and was about to be conveyed to Port Haroneas, Pla., from…

1Opinion of the CourtPardee, J.

The petitioner, J. C. Chapman, enlisted in the United States army at Atlanta, Ga., in 1886, when he was a minor of the age of 20 years and 8 months. At the time he had a father living, entitled to his custody and control, who did not consent to the enlistment. It does not appear whether Chapman represented himself at the time of enlistment as a major, or as a minor without parents or guardian, but the inference is that he did one or the other, as ho says he signed all the papers presented to him; and it is difficult to believe, in the absence of evidence to that effect, that the recruiting…

2Cases cited3 opinions

  1. Commonwealth v. CushingMassachusetts Supreme Judicial Court · 1814
  2. In re McNultyDistrict Court, D. Massachusetts · 1873
  3. Seavey v. SeymourU.S. Circuit Court for the District of Maine · 1871

3Cited by4 opinions

  1. United States v. ReavesCourt of Appeals for the Fifth Circuit · 1903
  2. Ex parte DunakinDistrict Court, E.D. Kentucky · 1913
  3. Ex parte ReavesU.S. Circuit Court for the District of Middle Alabama · 1903
  4. In re FalconerDistrict Court, S.D. New York · 1898

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