Deming v. McClaughry
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. This is an appeal from an order of the circuit court, which denied the petition of Peter O. Deming for a writ of habeas corpus upon this state of facts: Deming was, on March 29, 1900, a captain in the subsistence department in the volunteer army of the United States.
Read the full summary
Appeal from the Circuit Court of the United States for the District of Kansas. This is an appeal from an order of the circuit court, which denied the petition of Peter O. Deming for a writ of habeas corpus upon this state of facts: Deming was, on March 29, 1900, a captain in the subsistence department in the volunteer army of the United States. On that day William R. Shafter, a major general of the volunteer army, and a retired brigadier general of the regular army of the United States, ordered that a general court-martial, composed entirely of officers of the regular army, should convene…
1Opinion of the CourtSanborn, Circuit Judge
The petitioner, Deming, was an officer of the volunteer force raised under the act of congress of March 2, 1899 (30 Stat. 977, c. '352). He was tried and convicted by a court-martial composed of officers of the *641regular army. The seventy-seventh article of war declares that officers of the regular army are not competent to sit on courts-martial to try the officers and soldiers of other forces. The crucial question in this case is, was this volunteer army the same army as‘the regular army, or was it a different and supplemental army? Was this volunteer force raised under the act of 1899 the…
2Cases cited39 opinions
- Ex Parte YarbroughSupreme Court of the United States · 1884
- In Re AyersSupreme Court of the United States · 1887
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Ex Parte FISKSupreme Court of the United States · 1885
34 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Buster v. WrightCourt of Appeals for the Eighth Circuit · 1905
- Hemmer v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- Magruder v. Belle Fourche Valley Water Users' Ass'nCourt of Appeals for the Eighth Circuit · 1914
- In Re Fox West Coast TheatresDistrict Court, S.D. California · 1936
10 more not listed; retrieve them via the Exa API.