United States ex rel. Wagner v. Gibbon

George M. Wagner, the relator, enlisted in the regular army, at Fort Omaha, on the twenty-third day of September, 1882, to serve for five years. At that time and place, ho went before Lieut. Butler D. Price, a duly-authorized recruiting officer, and made his application, in due form, to join the army. PIo made affidavit before the recruiting officer that he was 21 years of age, and that there was no legal impediment existing to his enlistment. After serving 19 months, he has evidently tired of the service, and now seeks to bo discharged, solely on the ground of minority at the time of…