Legal Opinion

Ex parte Anderson

Supreme Court of Iowa

Decided July 1, 1864PublishedCited by 10 opinions

Beard and decided by Mr. Justice Dillon, at his chambers in the city of Davenport. The facts will appear in the opinion.

1Opinion of the Court

Dillon, J. —

The relator, John H. Anderson, procured a writ of habeas corpus to be issued by me, directed to Lieutenant Peckenpaugh, in command of Post McClellan.

The object of the proceeding was to procure the discharge of his minor son from the military custody, in which he is held. Lieutenant Peckenpaugh returns to the writ that the person sought to be released is in his custody, but that, as an officer of the United States army, he claims to hold him for trial before a court martial for the military offense of desertion. To this return the relator demurs and also 'moves for an attachment,…

2Cases cited4 opinions

  1. Ableman v. BoothSupreme Court of the United States · 1859
  2. In re FergusonNew York Supreme Court · 1812
  3. Commonwealth v. HarrisonMassachusetts Supreme Judicial Court · 1814
  4. In re StacyNew York Supreme Court · 1813

3Cited by10 opinions

  1. McConologue's caseMassachusetts Supreme Judicial Court · 1871
  2. Ex parte HolmanSupreme Court of Iowa · 1869
  3. Ware v. SandersSupreme Court of Iowa · 1910
  4. Frohs v. City of DubuqueSupreme Court of Iowa · 1899
  5. In re CosenowU.S. Circuit Court for the District of Eastern Michigan · 1889

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