Huber v. Reily
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of Franklin county. This was an action on the case, commenced October 11th 1865, by Henry Reily against Benjamin Huber, in which the following case stated was afterwards filed:— “ It is admitted that Henry Reily (the plaintiff) was a citizen of the township of Hamilton, in the county of Franklin, and was liable to military service in the army of the United States.
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Error, to the Court of Common Pleas of Franklin county. This was an action on the case, commenced October 11th 1865, by Henry Reily against Benjamin Huber, in which the following case stated was afterwards filed:— “ It is admitted that Henry Reily (the plaintiff) was a citizen of the township of Hamilton, in the county of Franklin, and was liable to military service in the army of the United States. That on the 19th day of July, a. d. 1864, he was regularly drafted into the military service of the United States to fill the quota of the township of Hamilton, under a then pending requisition of…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The Act of Congress under which the defendant below justifies his refusal to receive the vote of the plaintiff is the one approved on the 3d day of March 1865. The 21st section is the only one applicable to this case, and it is as follows: “ And be it further enacted, that in addition to the other lawful penalties of the crime of desertion from the military or naval service, all persons who have deserted the military or naval service of the United States, who shall not return to said service, or report themselves to a provost-marshal within…
2Cases cited2 opinions
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- Swift v. LeachNorth Dakota Supreme Court · 1920
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