Legal Opinion

In re Wehlitz

Wisconsin Supreme Court

Decided January 15, 1863PublishedCited by 12 opinions

CERTIORARI to a Court Commissioner for Milwaukee County. Carl Wehlitz, the petitioner, was born in the kingdom of Prussia, and came to the United States in 1854, after wbicb, and before bis enrollment on the militia list of the 9tb ward of the city of Milwaukee, of which he was a resident, be declared bis intention to become a citizen of the United States, in conformity with the laws of the United States, but bad not been admitted to citizenship or taken the final oath…

Read the full summary

CERTIORARI to a Court Commissioner for Milwaukee County. Carl Wehlitz, the petitioner, was born in the kingdom of Prussia, and came to the United States in 1854, after wbicb, and before bis enrollment on the militia list of the 9tb ward of the city of Milwaukee, of which he was a resident, be declared bis intention to become a citizen of the United States, in conformity with the laws of the United States, but bad not been admitted to citizenship or taken the final oath required by law. On the 19th day of November, 1862, be was drafted from the 9th ward of the city of Mil waukee, into the…

1Opinion of the Court

*445 By the Court,

Paine, J.

This matter was decided by a court commissioner of Milwaukee county, who made an order discharging the petitioner, and it has been brought here by a writ of certiorari.

We have already decided in the application of Frederick Griner et al., ante, 423, for a writ of habeas corpus, that the act of congress of July 17, 1862, authorizing the President to make the necessary rules and regulations for drafting the militia in cases where the laws of the states had not made«, sufficient provision for that purpose, was valid. The only question left then to be determined in this…

2Cases cited1 opinion

  1. Field v. AdreonCourt of Appeals of Maryland · 1854

3Cited by12 opinions

  1. State ex rel. Wisconsin Inspection Bureau v. WhitmanWisconsin Supreme Court · 1928
  2. State Ex Rel. Reynolds v. County CourtWisconsin Supreme Court · 1960
  3. McDonel v. StateIndiana Supreme Court · 1883
  4. Hilgers v. QuinneyWisconsin Supreme Court · 1881
  5. Leonhard v. EleyCourt of Appeals for the Tenth Circuit · 1945

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API