Page:Federal Reporter, 1st Series, Volume 7.djvu/324

 312 PEDEBAL BEPORTBR. �Knickerhocker Life In». Co. v. Dtetz, 8 Ins. L. J. 544 ; Winchdl v. John Hancock Mut. Life Ins. Co. Id. 651 ; Johnson v. Southern Mut. Life Ins. Go. 9 Ins. L, J. 189 ; Anderson y. St. Louis Mut. Life Ins. Co. 5 Bigelow Ina. Rep. 527; Seamans y. JT. W. Mut. Life Ins. Co. 3 Fed, Rep. 325; and Whitehead v. Universal Life Ins. Co., decided by supreme court of Missis- sippi, unreported. ���BaBEETT V. HOPKINS. {Circuit Court, B. Eansas. January, 1881.) �1. COTJET MaBTIAL — JtTRISDICTIOIT., �The jurisdiction of a general court-martial may always be inquired into by the civil courts, upon the application of any party aggrieved by its judgment, and if such a court exceeds its authority, and under- takes to try and punish a person not within its jurisdictioii, its judg- ment is void, and may be so declared by any court having jurisdiction of the proper parties and of the subject-matter. �2. Samh— Habbas Corpus. �Where a soldier in the anny of the United States was arrested for a crime, and his term of enlistment expired before his trial and convic- tion by court-martial, it was held that the jurisdiction of the court having once attached by the arrest, it retained jurisdiction for all the purposes of the trial, judgment, and execution. �Petition for Habeas Corpus. �The petitioner was, on the sixth of September, 1878, an enlisted soldier in the army of the United States, on duty in Wyoming territory, and on that day unlawf ully assaulted and shot another soldier. For this olience he was arrested and held in custody, under charges properly preferred, awaiting the appointment and convening of a court-martial until the following March, 1879, when he was bronght before a court martial, convicted, and sentenced to five years' imprisonment in the Kansas penitentiary, where he is now confined, in the custody of respondent, as warden, in pursuance of said sen- tence. Between the time of the commission of said crime and the prisoner's arrest and the commencement of his trial his term of enlistment expired. He petitions for release from imprisonment upon the ground that the court-martial had no jurisdiction to try and convict him after the expira- ��� �