Ex parte Bolling
Supreme Court of Alabama
IN the matter of the petition of S. J. Boiling for the writ of habeas corpus, by which he sought to procure the release anddischarge of Heifry Watts from the custody of Lient. George Yerdery, the enrolling officer of the Confederate States for Butler county, who held and detained him as a conscript.
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IN the matter of the petition of S. J. Boiling for the writ of habeas corpus, by which he sought to procure the release anddischarge of Heifry Watts from the custody of Lient. George Yerdery, the enrolling officer of the Confederate States for Butler county, who held and detained him as a conscript. On the hearing under the writ, before the Hon. JOHN K. HENRY, judge of the eleventh judicial circuit, it was shown that said Boiling, acting under authority of the governor, organized a company of reserves for State defense; that said Henry Watts enlisted in that company, in kugust, 1864, with the…
1Opinion of the CourtStone, J.
We do not think there is any thing in the argument, urged in this case, that the State of Alabama had first availed itself of the services of the petitioner, in its militia service. Until he reached the age of seventeen, he was not liable to enrollment in the army of the Confederate States; and, hence, so far as the claims of the Confederate States were concerned, he was at liberty to enlist in the State service. When, however, he became seventeen years of age, the claim of the Confederate States attached to him as a conscript. We have heretofore held, that the conscript laws are…
2Cases cited1 opinion
- Foster v. StateSupreme Court of Alabama · 1863
3Cited by3 opinions
- Angelus v. SullivanCourt of Appeals for the Second Circuit · 1917
- State Ex Rel. Bland v. St. JohnSupreme Court of Alabama · 1943
- United States v. OlsonDistrict Court, W.D. Washington · 1917