United States ex rel. Viscardi v. MacDonald
District Court, E.D. New York
Habeas corpus proceedings by the United States, on relation of Joseph Anthony Yiscardi, against John D. MacDonald, Rear Admiral, and another.
1Opinion of the Court
CHATFIELD, District Judge.
The relator enlisted in 1917 in the naval reserve. During the year 1918 he was taken into custody pending inquiry into an alleged charge of bribery, but as the period of detention ran over 30 days (navy regulation) without calling a' court-martial and the presentation of formal charges, he was restored to active duty and served until July 17, 1919, when he was released from active duty with the navy and given a certificate which was equivalent to an honorable discharge, except that in time of war or national emergency he could—
“be required to perform active service…
2Cases cited3 opinions
- Bishop v. United StatesSupreme Court of the United States · 1905
- United States v. SmithSupreme Court of the United States · 1905
- United States ex rel. Santantonio v. Warden of Naval Prison in Navy YardDistrict Court, E.D. New York · 1919
3Cited by8 opinions
- Hironimus v. DurantCourt of Appeals for the Fourth Circuit · 1948
- Ex Parte DrainerDistrict Court, N.D. California · 1946
- United States Ex Rel. Pasela v. FennoDistrict Court, D. Connecticut · 1947
- United States ex rel. Hirshberg v. MalanaphyCourt of Appeals for the Second Circuit · 1948
- Durant v. HironimusDistrict Court, S.D. West Virginia · 1947
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