Commonwealth v. Chandler
Massachusetts Supreme Judicial Court
Caleb Coggeshall made application to the Court for a writ of habeas corpus, to be directed to the said Chandler, a lieutenant in the army of the United States, requiring him to bring in the body of Henry H. Coggeshall, whom the said Caleb stated to be his son, a minor, and under his care, and whom the said Chandler detained under pretence of an enlistment into the army of the United States.
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Caleb Coggeshall made application to the Court for a writ of habeas corpus, to be directed to the said Chandler, a lieutenant in the army of the United States, requiring him to bring in the body of Henry H. Coggeshall, whom the said Caleb stated to be his son, a minor, and under his care, and whom the said Chandler detained under pretence of an enlistment into the army of the United States. Upon this application, supported by affidavit of the principal facts, the Court ordered the writ to go.
1Opinion of the Court
By the Court.
It appearing, by the return of the respondent, that the person was not in his custody, nor within his control, at the time of the service, the writ is without effect. It will be time enough to hear evidence of facts in the case when the party is brought before us. Until then, we can take no order upon the subject. The return must be taken for true, (a)
Motion overruled.
Vide United States vs. Timothy Green, 3 Mason, 482
2Cases cited1 opinion
- United States v. GreenU.S. Circuit Court for the District of Rhode Island · 1824
3Cited by13 opinions
- Ex parte CouplandTexas Supreme Court · 1862
- Clark v. BushNew York Supreme Court · 1824
- VautierMassachusetts Supreme Judicial Court · 1960
- King's CaseMassachusetts Supreme Judicial Court · 1894
- Ex parte ShaudiesSupreme Court of Alabama · 1880
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