Legal Opinion

In Re Grimley

Supreme Court of the United States

Decided November 17, 1890No. 761PublishedCited by 301 opinions

APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. Habeas Corpus. The prisoner, a recruit in the army of the United States, being discharged, the United States took this-appeal. The objections to the validity of .the enlistment are-stated in the report of the argument of the appellee’s counsel. The statutes regulating enlistments will be found in the opinion of the court. I. Grimley’s alleged enlistment, on February 18, 1888, was void.

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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. Habeas Corpus. The prisoner, a recruit in the army of the United States, being discharged, the United States took this-appeal. The objections to the validity of .the enlistment are-stated in the report of the argument of the appellee’s counsel. The statutes regulating enlistments will be found in the opinion of the court. I. Grimley’s alleged enlistment, on February 18, 1888, was void. He was, at the time, over forty years of age, and therefore above the maximum age for enlistment. Seavey v. Seymour, 3…

1Opinion of the CourtJustice Brewer

John Grimley, the appellee, was, on the 28th day of May, 1888, found guilty by a court-martial of the crime of desertion, and sentenced to be imprisoned six months. While serving out this sentence at Fort Warren, Massachusetts, he sued out a writ of habeas corpus from the District Court of the United States for the District of Massachusetts. That court, on June 25, 1888, discharged him from custody. The United 'States appealed to the Circuit Court for said District, ‘which, on the 27th day of February, 1889, affirmed the decree of the District Court. 38 .Fed. Rep. 84. From this decision the…

2Cited by301 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. Parker v. LevySupreme Court of the United States · 1974
  3. Chappell v. WallaceSupreme Court of the United States · 1983
  4. Reid v. CovertSupreme Court of the United States · 1957
  5. Schlesinger v. CouncilmanSupreme Court of the United States · 1975

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