In re Cosenow
U.S. Circuit Court for the District of Eastern Michigan
Habeas Corpus. The petitioner sought the discharge of his son, Oarl Cosenow, from the army of the United States, upon the ground of his infancy at the limo' of his enlistment. From the return of the commanding officer il„appeared that Cosenow was enlisted at Fort Wayne, Mich., under the name of Fred.
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Habeas Corpus. The petitioner sought the discharge of his son, Oarl Cosenow, from the army of the United States, upon the ground of his infancy at the limo' of his enlistment. From the return of the commanding officer il„appeared that Cosenow was enlisted at Fort Wayne, Mich., under the name of Fred. Smith, on the 16th day of March, 1887, for the term of five years; that on the 3d of May following he deserted from the service, and remained away until his apprehension, on the 28th of December, 1888; that a charge of desertion was preferred against him, and he was tried by a court-martial; and…
1Opinion of the CourtBrown, J.
By Rev. St. § 1117, “no person under the age of twenty-one years shall he enlisted or mustered into tlio military service of the United Slates without the written consent of his parents or guardians, provided that such minor has such parents or guardians entitled to his custody and control.” The power of the federal courts to discharge soldiers who have been enlisted in violation of this section is now so well settled that a citation of authorities is unnecessary.
The only complication in this case arises from the fact that the soldier has been tried upon a charge of desertion, and is now in…
2Cases cited7 opinions
- McConologue's caseMassachusetts Supreme Judicial Court · 1871
- United States v. BainbridgeU.S. Circuit Court for the District of Massachusetts · 1816
- Ex parte AndersonSupreme Court of Iowa · 1864
- In re McNultyDistrict Court, D. Massachusetts · 1873
- In re BeswickNew York Supreme Court · 1863
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3Cited by7 opinions
- United States v. WilliamsSupreme Court of the United States · 1937
- In re MillerCourt of Appeals for the Fifth Circuit · 1902
- Ex parte HubbardU.S. Circuit Court for the District of Massachusetts · 1910
- Barrett v. LooneyDistrict Court, D. Kansas · 1957
- Ex parte DunakinDistrict Court, E.D. Kentucky · 1913
2 more not listed; retrieve them via the Exa API.