Legal Opinion

Hoskins v. Pell

Court of Appeals for the Fifth Circuit

Decided February 5, 1917No. 3024PublishedCited by 5 opinions

Appeal from the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Application by O. J. Pell for writ of habeas corpus against George C._ Hoskins and others to obtain the custody of Oscar J. Pell, Jr. From a judgment commanding the immediate surrender of Oscar J. Pell, Jr., respondents appeal.

1Opinion of the Court

WALKER, Circuit Judge.

On the 21st day of July, 1916, at Jackson, Miss., Oscar J. Pell, Jr., applied for enlistment in a regiment of the National Guard of Mississippi, which prior to' that date the President had called into the service of the United States. He represented himself to be 18 years of age, when in fact he was under 16 years of age, having been born November 1, 1900. He took the oath of enlistment prescribed by section 70 of the National Defense Act of June 3, 1916, and was accepted. On the same day, July 21st, without, so' far as appears, having done or received anything as a…

2Cases cited6 opinions

  1. In Re GrimleySupreme Court of the United States · 1890
  2. In Re MorrisseySupreme Court of the United States · 1890
  3. In re MillerCourt of Appeals for the Fifth Circuit · 1902
  4. United States v. ReavesCourt of Appeals for the Fifth Circuit · 1903
  5. In re DavisonU.S. Circuit Court for the District of Southern New York · 1884

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

3Cited by5 opinions

  1. Barrett v. LooneyDistrict Court, D. Kansas · 1957
  2. Ex parte BeaverDistrict Court, N.D. Ohio · 1921
  3. Ex parte RushDistrict Court, M.D. Alabama · 1917
  4. United States ex rel. Lazarus v. BrownDistrict Court, E.D. Pennsylvania · 1917
  5. Firpo v. United StatesCourt of Appeals for the Second Circuit · 1919

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