United States ex rel. Pascher v. Kinkead
District Court, D. New Jersey
Habeas Corpus. Application by the United States, on the relation of Max Pascher, for a writ of habeas corpus against Eugene F. Kin-kead and others, acting as Focal Board for Division No. 1, County of Hudson, State of New Jersey.
1Opinion of the Court
HAIGHT, District Judge.
The relator seeks to be discharged from compulsory military service, on the ground that he is a subject of the emperor of Austria, and hence an alien enemy. His claim for exemption on this ground' was denied by the local exemption board, and, on appeal, by the district board. As appears by the return to the writ, the decisions of both boards were based on a finding that the relator is a citizen of this country.
[1] It is urged primarily that neither of these boards is vested by th,e Selective Draft Act of May 18, 1917, with jurisdiction to determine the question as to…
2Cases cited18 opinions
- Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- Selective Draft Law CasesSupreme Court of the United States · 1918
- United States v. Ju ToySupreme Court of the United States · 1905
- Chin Yow v. United StatesSupreme Court of the United States · 1908
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rase v. United StatesCourt of Appeals for the Sixth Circuit · 1942
- United States Ex Rel. Filomio v. PowellDistrict Court, D. New Jersey · 1941
- Pascher v. KinkeadCourt of Appeals for the Third Circuit · 1918
- United States Ex Rel. Errichetti v. BairdDistrict Court, E.D. New York · 1941
- United States Ex Rel. Pasciuto v. BairdDistrict Court, E.D. New York · 1941
9 more not listed; retrieve them via the Exa API.