Commonwealth ex rel. Webster v. Fox
Supreme Court of Pennsylvania
Jan. 29 — -Feb. 5. Habeas Corpus. The return stated, that the prisoner had enlisted in the army of the United States, had deserted, and surrendered himself; and the matter had been decided by the Court of Common Pleas., It was proved that the prisoner was the minor son of the relator, who had never assented to the enlistment.
1Opinion of the Court
Coulter, J.,
(after stating the case.) — The counsel for the United States interposes as an objection to the prisoner being discharged by this court, that we have no jurisdiction: that he can be discharged only by a court of the United States; and cites the case of Ferguson, in 9 Johns. Rep. 239, to sustain that position. That was an application to allow a habeas corpus in term time to the Supreme Court for the body of an enlisted soldier who was a minor, and the court refused to allow the writ, because it rested in the sound legal discretion of the court to allow or refuse it, and because…
2Cases cited6 opinions
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
- Commonwealth v. HarrisonMassachusetts Supreme Judicial Court · 1814
- Commonwealth v. MurraySupreme Court of Pennsylvania · 1812
- Biddis v. JamesSupreme Court of Pennsylvania · 1814
- Guthrie v. MurphySupreme Court of Pennsylvania · 1835
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3Cited by6 opinions
- Commonwealth Ex Rel. Levine v. FairSupreme Court of Pennsylvania · 1958
- Commonwealth Ex Rel. Bordner v. RussellSupreme Court of Pennsylvania · 1966
- Commonwealth ex rel. Smith v. ButlerSuperior Court of Pennsylvania · 1902
- Commonwealth ex rel. Levine v. FairSuperior Court of Pennsylvania · 1958
- Ex parte ReavesU.S. Circuit Court for the District of Middle Alabama · 1903
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