Cases in Equity Argued and Determined in the Supreme Court of North Carolina at Raleigh, June Term, 1864 (Volume 60); Cases at Law Decided at the Extr

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864. Excerpt: ... Haswell vs. Mallett. struction of the act of Congress, but we think, wellfooa-' ded. There is error. Judgment reversed and judgment that the petitioner he remanded. i' EDWIN HASWELL vs. PETER MALLETT. One enrolled in March, 1864, under the act of 17 th February of that year, who was under 45-at the time of enrollment, is bound to serve is the regular army during the war. A written paper, signed by the Eorolling Officer, in its terms an exemption, is but s furlough or detail, if ha officer had no right to grant aa exemption. This was a writ of habeas corpus sued out by Haswell for the purpose of being released from service in the regular army as a conscript. The facts appear from the ppinion of the Court. Rogers and Moore for the petitioner. Bragg for Mallett. Manly, J. This case turns upon the principles considered in the case of Goodson, decided at this term. But Huswell vi. MallBtt. the facts of the ease being different, we are conducted to ft different conclusion. The petitioner was 45 years of age in May lst. He had been exempted anterior to the passage of the law of the 17th of February, as a miller. After the passing of that act, viz; in the month of March, he was enrolled, and another exemption paper given, which, after the act of February repealing exemptions in such cases, could only operate as a furlough or detail. He was afterwards, viz: on the 10th of June, ordered into camp. He applied for a detail. This was refused. He was ordered into camp,and sued out this writ. The enrolment.and detail, which took place in March, about two months before he reached the age of 45, fixed his status as a soldier. He was properly enrolled in the body of regular troops, where the term of service for the war is prescribed by the acts of 1862. The petition...