Ex parte Houghton

Citations

• 129 F. 239
• 1904 U.S. App. LEXIS 4746

Syllabus

<p>1. Army and Navy — Enlistment of Minors — Necessity or Parents’ Consent.</p> <p>Under the laws of the United States a minor cannot lawfully be enlisted in any branch of the military or naval service without the consent of his parents, and one who has so enlisted by misrepresenting his age will be discharged by writ of habeas corpus at suit of his parents.</p> <p>2. Same — Discharge on Habeas Corpus — Jurisdiction or Civil Court First Attaching.</p> <p>Where a petition for habeas corpus for the discharge of a minor from the military service on the ground that he enlisted without the consent of his parents has been served, the court is not deprived of jurisdiction to discharge the minor by his subsequent arrest by the military authorities on the charge of fraudulent enlistment.</p>