U.S. Circuit Court for the District of Massachusetts, 1883

In re Hayes

In re Hayes
U.S. Circuit Court for the District of Massachusetts · Decided January 15, 1883 · Júdge, Nelson
11 F. Cas. 908; 29 Int. Rev. Rec. 46
In re Hayes

Opinion of the Court

NELSON, District Júdge,

in delivering the opinion of the court, said that “other persons,” in section 1419 [Rév. St U. S.], meant persons capable of making such a contract, and that McNulty’s Case [Case No. 8,917] was conclusive on him on this, and he declined to follow Collins’ Case, 25 How. Pr. 157, in which the enlistment under the precise facts of the case before him was held valid. The minor was ordered to be discharged upon refunding to the United States the amount of the advance made upon enlistment

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