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Tarble’s Case

United States Supreme Court
80 U.S. (13 Wall.) 397 (1871)


Edward Tarble (defendant) was less than 18 years old in 1869 when he used a fake name to enlist in the United States Army. Lieutenant Stone, the recruiting officer for the Army, held custody of Tarble as a minor who enlisted without the consent of his father. Tarble’s father filed a petition for writ of habeas corpus in Wisconsin state court for the release of his son. A court commissioner of Dane County, Wisconsin (commissioner) issued the writ to release the prisoner from federal custody under the authority of state law. The Supreme Court of Wisconsin affirmed the order of the commissioner. The United States government petitioned for a writ of error to the United States Supreme Court.

Rule of Law


Holding and Reasoning (Fields, J.)

Dissent (Chase, J.)

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