McConologue's case
Massachusetts Supreme Judicial Court
Habeas cobpbs, issued December 6, 1870, upon the petition of John McConologue by his next friend Neil Kenney, verified by the oath of the latter, which represented that' McConologue was. a minor, of the age of nineteen years, residing with his parents at Woburn in the county of Middlesex and this Com monwealth; that on August 19,1870, he was enlisted by Charle Wheaton of the United States army, and by said Wheaton un lawfully restrained of his liberty; that on November…
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Habeas cobpbs, issued December 6, 1870, upon the petition of John McConologue by his next friend Neil Kenney, verified by the oath of the latter, which represented that' McConologue was. a minor, of the age of nineteen years, residing with his parents at Woburn in the county of Middlesex and this Com monwealth; that on August 19,1870, he was enlisted by Charle Wheaton of the United States army, and by said Wheaton un lawfully restrained of his liberty; that on November 15,1870 James McConologue, his father, applied to this court for a writ of habeas corpus, which was granted, and on the same…
1Opinion of the CourtGray, J.
By the Gen. Sts. c. 144, § 1, “ every person imprisoned or restrained of his liberty, except in the cases mentioned in the following section,” (all of which are of persons held under judicial conviction or process,) “ may, as of right and of course, prosecute a writ of habeas corpus, according to the provisions of this chapter, to obtain relief from such imprisonment or restraint, if it proves to be unlawful.” The person in whose custody the prisoner is foimd is required to make a full statement or return in writing, to the court or justice before whom the writ is returnable, of the authority…
2Cases cited14 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Ableman v. BoothSupreme Court of the United States · 1859
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Ex Parte George MilburnSupreme Court of the United States · 1835
- In re FergusonNew York Supreme Court · 1812
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Weir v. MarleySupreme Court of Missouri · 1889
- Trainer v. SaundersSupreme Court of Pennsylvania · 1921
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- In re CrowWisconsin Supreme Court · 1884
- In re MillerCourt of Appeals for the Fifth Circuit · 1902
25 more not listed; retrieve them via the Exa API.