Elliott v. Harris
Court of Appeals for the D.C. Circuit
HbakiNG on an appeal by the respondents from an order of the Supreme Court of the District of Columbia in a habeas corpus proceeding, discharging a minor from enlistment in the marine corps upon the application of his father. (On February 25, 1904, tbe appellee moved in tbis court to affirm tbe judgment of the court below, or to dismiss tbe appeal, and a brief was filed by Mr. Lambert and Mr. Baker in support of tbe motion.
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HbakiNG on an appeal by the respondents from an order of the Supreme Court of the District of Columbia in a habeas corpus proceeding, discharging a minor from enlistment in the marine corps upon the application of his father. (On February 25, 1904, tbe appellee moved in tbis court to affirm tbe judgment of the court below, or to dismiss tbe appeal, and a brief was filed by Mr. Lambert and Mr. Baker in support of tbe motion. Tbe grounds of the motion were: (1) That tbe record showed there was an issue of fact in tbe court below which was tried upon evidence admitted by tbe appellants, and that…
1Opinion of the CourtChief Justice Alvey
The court below, in holding that the petitioner was entitled to the release and discharge of his minor son from the enlistment, seems to have been controlled by § 1111 of the Revised Statutes of the United States (U. S. Comp. Stat. 1901, p. 813), which declares that—
“No person under the age of twenty-one years shall bo enlisted or mustered into the military service of the United States without the written consent of his parents or guardians, provided that such minor has such parents or guardians entitled to his custody and control.”
This section, however, is taken from the act of Congress of…
2Cases cited5 opinions
- Wilkes v. DinsmanSupreme Court of the United States · 1849
- Wassum v. FeeneyMassachusetts Supreme Judicial Court · 1876
- United States v. BainbridgeU.S. Circuit Court for the District of Massachusetts · 1816
- United States v. DunnSupreme Court of the United States · 1887
- In re DoyleDistrict Court, S.D. New York · 1883