Tarble's Case
Supreme Court of the United States
Error to the Supreme Court of Wisconsin. This was a proceeding on habeas corpus for the discharge of one Edward Tarble, held in the custody of a recruiting officer of the United States as an enlisted soldier, on the alleged ground that he was a minor, under the age of eighteen years at the time of his enlistment, and that he enlisted without the consent of his father.
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Error to the Supreme Court of Wisconsin. This was a proceeding on habeas corpus for the discharge of one Edward Tarble, held in the custody of a recruiting officer of the United States as an enlisted soldier, on the alleged ground that he was a minor, under the age of eighteen years at the time of his enlistment, and that he enlisted without the consent of his father. The writ was issued on the 10th of August, 1869, by a court commissioner of Dane County, Wisconsin, an officer authorized by the laws of that State to issue the writ of habeas corpus upon the petition of parties imprisoned or…
1Opinion of the CourtJustice Field
The important question is presented by this case, whether *402a State court commissioner has jurisdiction, upon habeas corpus, to inquire into the validity of the enlistment i>f soldiers into the military service of the United States, and to discharge them from such service when, in his judgment, their enlistment has not been made in conformity with the laws of the United States. The question presented may be more generally stated thus: Whether any judicial officer of a State has jurisdiction to issue a writ of habeas corpus, or to continue proceedings under the writ when issued, for the…
2Cited by162 opinions
- Davis v. PassmanSupreme Court of the United States · 1979
- Feres v. United StatesSupreme Court of the United States · 1950
- Ex Parte RoyallSupreme Court of the United States · 1886
- Logan v. United StatesSupreme Court of the United States · 1892
- Steward MacHine Co. v. DavisSupreme Court of the United States · 1937
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