In re Disinger
Ohio Supreme Court
On Habeas Corpus. Error to the probate judge of Huron 'County. Samuel Disinger was eighteen years of age’on the 16th day of July, 1861. On the 23d day of September, 1861, while residing with his father, David Disinger, in Seneca county, ■Ohio, Samuel, without the consent or knowledge of his father, volunteered his services as a soldier in, and was regularly enrolled as a member of, a company in the 55th regiment, Col.
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On Habeas Corpus. Error to the probate judge of Huron 'County. Samuel Disinger was eighteen years of age’on the 16th day of July, 1861. On the 23d day of September, 1861, while residing with his father, David Disinger, in Seneca county, ■Ohio, Samuel, without the consent or knowledge of his father, volunteered his services as a soldier in, and was regularly enrolled as a member of, a company in the 55th regiment, Col. John C. Lee, of the Ohio volunteer militia, in the army of the United States, under the act of congress of July 22, 1861, “ to authorize the employment of volunteers,” etc. The…
1Opinion of the Court
SuTiiír, J.
This proceeding by habeas corpus is, by the statute of this state, made applicable to any person except a convict, or one committed for treason or felony, who is or shall be unlawfully deprived of his or her liberty; and who-shall make application, as prescribed, either by him or herself, or some person on his or her behalf, for the benefit of the writ.
The application, in this case, is to be regarded as made by the affiant in behalf of the person deprived of his liberty. .
The only question for our consideration is the character of the detention. Is the party unlawfully deprived of…
2Cases cited1 opinion
- Commonwealth v. GambleSupreme Court of Pennsylvania · 1824