Connell v. Leonard
Connell v. Leonard
Opinion of the Court
By the Court
delivering the opinion.
It does not satisfactorily appear from this record whether Connell, the applicant, was first enrolled about the time he sued out the writ of habeas corpus, and now seeks exemption as a mechanic engaged in working for the public, or whether he had been previously enrolled and exempted, and is now re-enrolled on the ground that he fails to fulfil the obligations by which he obtained exemption. We infer the former from all the facts. It is true, his own affidavit stating his mechanical occupation, skill in it, and habitual engagement in the service of the public, etc., is dated in the month of June, last, and his petition was not filed until October following. But this affidavit was not produced by the enrolling officer in whose custody it should have been, had it been made the basis of previous exemption. It is produced by himself, and appears to have been prepared and kept on hand for use in case he should be enrolled. Be that as it may, evidence was offered by him to prove that he is a skillful blacksmith and habitually engaged in working for the public. The
Lqt the judgment be affirmed.
Reference
- Full Case Name
- James A. Connell, in error v. Irbane A. Leonard, sub-enrolling officer, in error
- Status
- Published