Stingle's Case , 23 F. Cas. 107 ( 1863 )

Akmy — Liability to Draft — Habeas Corpus.

1. Under the act of March 3, 1863, § 3 (12 Stat. 731], if a married man over thirty-five years of age were enrolled and drafted in the first class, he might be discharged by a federal court on habeas corpus.

2. A person illegally conscripted into the federal army may be discharged on habeas corpus.

[Cited in Brightley’s Dig. 51, 440, to the points as given above. Nowhere reported: opinion not now accessible. Decided by CADWALA-DEE., District Judge.]