In re O'Connor
New York Supreme Court
OWEN O’CONNOR, the father, sued out a writ of habeas corpus, in December, 1866, directed to Major General Butterfield, superintendent of the general recruiting service of the United States, commanding him to produce the body of John O’Connor, appearing by the petition of the said Owen to be his son, enlisted into the service shortly before that time, under the age of twenty-one years ; the said Owen being entitled to the custody and services of his said son.
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OWEN O’CONNOR, the father, sued out a writ of habeas corpus, in December, 1866, directed to Major General Butterfield, superintendent of the general recruiting service of the United States, commanding him to produce the body of John O’Connor, appearing by the petition of the said Owen to be his son, enlisted into the service shortly before that time, under the age of twenty-one years ; the said Owen being entitled to the custody and services of his said son. General Butterfield returned, to the said writ, that the said John had been regularly enlisted into the army; and he annexed the…
1Dissent
Leonard, J. (dissenting.)
The weight of authority in this state is decidedly that the jurisdiction of the state courts and judges is concurrent with that of the United States upon habeas corpus, in cases like the present, where the prisoner is not detained by the process of any court of the United States, or any judge thereof, or the judgment of any court of the United States. (1 Kent’s Com. 400, 401. In re Stacy, 10 John. 328, In re Metzger, 1 Barb. S. C. Rep. 248, Edmonds, J. In re Dobbs, 21 How. Pr. 68, Hoffman, J. In re Carlton, 7 Gowen, 471. In re Webb, 24 How. Pr. 247. Brown, J.)
In this…
2Cases cited5 opinions
- In re StacyNew York Supreme Court · 1813
- In re WebbNew York Supreme Court · 1862
- In re HopsonNew York Supreme Court · 1863
- In re BeswickNew York Supreme Court · 1863
- In re DobbsThe Superior Court of New York City · 1860