Miley v. Marshall

BRYAN, District Judge.

Contending that he has served the full time required by his commission and the acts of Congress under which he was appointed, the petitioner, a captain, seeks release from the Army of the United States through habeas corpus. Respondents are the Secretary of Defense, the Secretary of the Army, and the Chief of Staff, United States Army, all of whom have appeared and by their return to the writ have denied that the petitioner’s period of duty has expired.

He was appointed to his present rank for five years, commencing July 31, 1946, while this country was in a state of war…