Commonwealth ex rel. Smith v. Butler

Citations

• 19 Pa. Super. 626
• 1902 Pa. Super. LEXIS 165

Syllabus

<p>Habeas corpus — Appeal—Final order.</p> <p>An order in habeas corpus proceedings discharging the relator from the custody of a deputy sheriff is a final order or decree which will entitle such officer to remove the proceedings to the Superior Court for review upon certiorari.</p> <p>Military law — Marine corps — Naval service.</p> <p>It seems that the marine corps is a part of the naval service of the United States.</p> <p>Quaere, whether the enlistment of a minor over eighteen years of age in the marine corps without the consent of his parents or guardian, is invalid.</p> <p>Habeas corpus — Enlistment in army and navy —- Jurisdiction of stale courts.</p> <p>A state court has no jurisdiction upon habeas corpus to inquire into the validity of enlistments into the marine corps of the United States, and to discharge enlisted men from said service, when in the judgment of the court their enlistment had not been made in conformity with the laws of the United States. Tarble’s Case, 13 Wall. 397, followed.</p>