Legal Opinion

Ex parte Avery

District Court, E.D. North Carolina

Decided July 14, 1916Published

Petition of George S. Avery and Lila Avery for a writ of habeas corpus for the discharge from the National Guard of North Carolina of Richard Sandiord Avery, a minor.

1Opinion of the Court

CONNOR, District Judge.

On July 7, 1916, George S. Avery filed his petition herein, in which his wife, Lila Avery, joined, alleging: That he was a resident of the county of Craven, in the Eastern district of North Carolina. That he was the father, and his wife the mother, of Richard Sandford Avery, a minor of the age of 20 years. That on June 22, 1916, their said son, without their knowledge or consent, enlisted as a private in Company B, Second Regiment, North Carolina National Guard, of which company Capt. A. C. Hill is in command. That Col. W. C. Rodman is the colonel and in command of the…

2Cases cited9 opinions

  1. In Re MorrisseySupreme Court of the United States · 1890
  2. McConologue's caseMassachusetts Supreme Judicial Court · 1871
  3. In re MillerCourt of Appeals for the Fifth Circuit · 1902
  4. United States v. ReavesCourt of Appeals for the Fifth Circuit · 1903
  5. In re CarverU.S. Circuit Court for the District of Maine · 1900

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