Legal Opinion
In re Carver
U.S. Circuit Court for the District of Maine
Decided December 28, 1905No. 140PublishedCited by 5 opinions
Petition for Writ of Habeas Corpus.
1Opinion of the Court
PUTNAM, Circuit Judge.
So far as this application for a writ is concerned, In re Carver (C. C.) 103 Fed. 624, applies, and the writ must issue. That, however, may not be the end. By the admissions in the pleadings this young man was in the service of the United States when he left the post in Vermont, and is a deserter. The fact that he enlisted without the consent of his parents did not entitle him to leave the army until a proper application had been made by the father, not to an officer commanding a post, but to the courts or to the Secretary of War, to have him discharged. When he left the…
2Cases cited2 opinions
- In re CarverU.S. Circuit Court for the District of Maine · 1900
- Solomon v. DavenportCourt of Appeals for the Fourth Circuit · 1898
3Cited by5 opinions
- Gibson v. United StatesSupreme Court of the United States · 1946
- Ex parte DunakinDistrict Court, E.D. Kentucky · 1913
- Ex parte LewkowitzU.S. Circuit Court for the District of Southern New York · 1908
- Clemente Martinez Perez v. Herbert Brownell, Jr., Attorney General of the United States, Washington, D. C.Court of Appeals for the Ninth Circuit · 1956
- State Ex Rel. Klingle v. FisherSupreme Court of Minnesota · 1928