Roth

Sisquoc Ranch Co. v. Roth

Good Law
153 F.2d 437·1946 U.S. App. LEXIS 1938
United States Court of Appeals for the Ninth CircuitJanuary 28, 1946No. 11096California2,720 words

Opinion

Lead Opinion

Stephens, J.

The Sisquoc Ranch Company, a corporation. made and filed a petition for a writ of habeas corpus in the district court upon its own behalf, and alleged that the petition was also made and filed upon the behalf of and at the request of Homer Sheldoni Green, a registrant under the Selective Training and Service Act of 1940, sometimes herein referred to as the Act. 54 Stat-885, 50 U.S.C.A.Appendix, §§ 301, 302 et. seq. It is alleged in the petition that Greeni is being illegally held by respondent Lt. Col.. Max Roth, Army of the United States, and' it is prayed that the writ of habeas corpus shall issue and that the court order Green’s release from such illegal restraint. Subsequently the petition was amended, but we shall refer to it as amended simply as the petition.

Upon reading the petition, the court issued a show cause order in the usual form, and respondent made his return as follows: That on April 6, 1945, the said Homer Sheldon Green reported at Ft. MacArthur Armed Forces Induction Station pursuant to an Order directing him so to do issued by Local Board No. 144, Santa Barbara County, California, under the provisions of the Selective Training and Service Act and the…

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