Legal Opinion

In re Kitzekow

District Court, E.D. Wisconsin

Decided April 6, 1918PublishedCited by 7 opinions

At Law. Petition by George O. Kitzerow for writ of certiorari, to be directed to the Local Board, Division No. 10, of the City of Milwaukee, and District Board No. 1, for the Eastern District of Wisconsin.

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At Law. Petition by George O. Kitzerow for writ of certiorari, to be directed to the Local Board, Division No. 10, of the City of Milwaukee, and District Board No. 1, for the Eastern District of Wisconsin. This is a petition for a writ of certiorari tó be directed to local board, division 'No. 10, of the city of Milwaukee, and district board No. 1, for the Kastorn district of Wisconsin, commanding them to certify to this court for its review and determination the case of the petitioner in respect of his disposition as a registrant for military service. The petitioner was required to give…

1Opinion of the CourtGeiger, District Judge

(after stating the facts as above). The question is: Should a writ of certiorari issue to draft boards upon facts such as are presented in the present petition? Counsel for the petitioner rests his case wholly upon utterances found in opinions of judges dealing with applications for writs of, habeas corpus or for *867writs of injunction, seeking to test or to restrain the action of district boards. Thus, in the Angelus Case (C. C. A. 2d Circuit) 246 Fed. 54, 158 C. C. A. 280, Rogers, Circuit Judge, said:

"We do not, however, agree witli the stalement oí the District Judge, heretofore quoted, that…

2Cases cited1 opinion

  1. Angelus v. SullivanCourt of Appeals for the Second Circuit · 1917

3Cited by7 opinions

  1. Shimola v. Local Board No. 42 for Cuyahoga CountyDistrict Court, N.D. Ohio · 1941
  2. Drumheller v. Berks County Local Board No. 1Court of Appeals for the Third Circuit · 1942
  3. Petition of SobermanDistrict Court, E.D. New York · 1941
  4. Ex parte McDonaldDistrict Court, E.D. Wisconsin · 1918
  5. United States v. ButtecaliDistrict Court, S.D. Texas · 1942

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