In re Ferguson
New York Supreme Court
APPLICATION was made to the court for the allowance of a writ of habeas corpus, directed to John Christie, a lieutenant-colonel in the army of the United States, to bring up the body of Jeremiah Ferguson.
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APPLICATION was made to the court for the allowance of a writ of habeas corpus, directed to John Christie, a lieutenant-colonel in the army of the United States, to bring up the body of Jeremiah Ferguson. The application was founded upon the affidavit of the father of Ferguson, in which he stated that Jeremiah Ferguson is an enlisted soldier in the 13th regiment of infantry, in the army of the United States, now under the command of John Christie, and that the said Jeremiah is an infant, under the age of 21 years, viz. of the age of 17 years and 9 months; and that he enlisted without the…
1Opinion of the Court
Kent, Ch. J.
The cause of the detention of the prisoner being fully and distinctly detailed in the affidavit, an important question, arising upon the motion, is, whether this court has jurisdiction in the case.. .A similar application was made to this court, m July term, 1799, in the case of Husled, who was stated to be an enlisted soldier, (1 Johns. Cases, 136.) and the motion was denied; but the court gave no opinion on the question of jurisdiction. The only case I have met with, in which this question has been considered, is that of Emanuel Roberts, which arose in Maryland, in 1809. (2…
2Cited by26 opinions
- McConologue's caseMassachusetts Supreme Judicial Court · 1871
- Ex parte HolmanSupreme Court of Iowa · 1869
- United States v. BainbridgeU.S. Circuit Court for the District of Massachusetts · 1816
- King v. PooleNew York Supreme Court · 1862
- Bangs v. McIntoshNew York Supreme Court · 1857
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