Case Summary

Michel Koseris, the petitioner, is a drafted soldier in training at Camp Lewis seeking to be discharged by writ of Habeas Corpus. He filed for a writ of Habeas Corpus after being drafted into the army despite having a dependent wife who is unable to work and needs extensive care due to her health conditions. Koseris states that he made an application to his Local Board of the County of Bannock, State of Idaho, for his right to exemption or discharge but was denied. Koseris states that if he is not discharged, his wife will become a public charge and that in his county, all married men with a dependent wife or children were exempted except him. According to the case file, after the matter was argued, "the demurrer was sustained by the court, and the rule to show cause was discharged to which the petitioner excepted and his exceptions were allowed," and so it is indicated that Koseris remained a soldier.

Case Information

Petition type(s)

• Institutional

Petition subtype(s)

• Seeking exemption from draft

Sites of significance

• National Army Camp at American Lake, Camp Lewis (Lakewood, Washington)

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

RG 21 U.S. District Court for the Southern Division of the Western District of Washington Civil, Criminal, Admiralty, and Bankruptcy Case Files, 1890-1950, No. 0551

Source material(s)

Case File

Length of case file

Between 31 and 40 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Point(s) of law cited

Military Draft Law

Tag(s)

• Military
• Person with disabilities

People

• Koseris, Michel (Micheal) (petitioner)
• Koseris, Michel (Micheal) (bound party)
• Cushman, Edward E. (judge)
• Green, H. A. (respondent)
• Irons, James A. (holding party)
• Messrs, (petitioner attorney)
• Anderson, (petitioner attorney)
• Fishburne, George P. (respondent attorney)
• Eden, (petitioner attorney)

• Additional parties

  Cummings Koseris, Mary (wife of Michel)

  Wooley, H. Smith (doctor)

  Arnout, J. C. (doctor)

  Harshberger, F. M. (clerk)

  Bacon, James B. (attorney in Idaho)

  Crosby, Frank L. (clerk)

  Boyle, John M. (U.S. marshal)

  Fleetwood, N. J. (deputy)

  Sexton, Tom (head of family)

  Barton, C. A. (Idaho District Board Divison No. 2 member)

  Spangerber, P. H. ((Idaho District Board Divison No. 2 secretary)

  Hart, John W. (Idaho District Board Divison No. 2 member)

  Carter, A. L. (Idaho District Board Divison No. 2 member)

  Newton, A. W. (Idaho District Board Divison No. 2 member)