People v. Burtnett
The Superior Court of New York City
Habeas corpus. This was an application by a parent, to obtain a habeas Corpus for the discharge of a son who had enlisted in the United States service during his minority, without the consent of his parents. The facts relating to the application appear in the opinion of the court.
1Opinion of the CourtHoffman, J.
—The relator has established that William Allen, her son, was a minor, over the age of eighteen .and under twenty-one years, and enlisted without the consent of either of his parents.
It appears from the return to the writ, that on the 15th of August, 1861, he enlisted as a private soldier in the Governor Morgan United States Light Artillery, and was in due form of law mustered into the service of the United States as such private soldier. It further appears, that on the 13th of September, ,1861, an application for a habeas corpus was made to Mr. .Ins-*9affidavit, sworn to on that day, that the…
2Cases cited1 opinion
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
3Cited by1 opinion
- In re ThomasNew York Court of Common Pleas · 1871