Ex parte Stanziale
| Decision Date | 17 May 1943 |
| Citation | 49 F. Supp. 961 |
| Parties | Ex parte STANZIALE. |
| Court | U.S. District Court — District of New Jersey |
Charles M. Phillips and Thorn Lord, both of Trenton, N. J., for the Government.
George R. Sommer, of Newark, N. J., for Adolph B. Stanziale.
Findings of Fact.
The following are found as a fact: Adolph Benjamin Stanziale, residing at 438 Parkinson Terrace, Orange, New Jersey, registered October 15, 1940 under the Selective Service Act, 50 U.S.C.A. Appendix § 301 et seq., with Local Board #10 of Essex County; he filed his questionnaire with the Local Board on September 2, 1941, and at the time he filed his questionnaire he was twenty-four years of age; he operated a tavern and earned an average of $40 weekly; he employed seven persons; he was married, having been married on June 1, 1941, but had no children; he lived with his wife, mother and father, and contributed $1,500 during the previous twelve months to the support of this family group; no other person contributed to it; and his father, who was fifty years of age, was ill and unable to work. The Local Board on January 15, 1942, placed Adolph Benjamin Stanziale in classification 3-A. On April 18, 1942, Adolph Benjamin Stanziale filed with his Local Board a supplemental questionnaire which contained the following information: His wife was not employed; his father because of illness had not worked since 1936; he was an only child and his wife expected to give birth to a child in May, 1942. On November 12, 1942, there was filed with the Local Board a statement by Anna Stanziale to the effect that she is the wife of Adolph B. Stanziale; that they had a child four months old; that she, her child, her father-in-law and mother-in-law were entirely dependent upon Adolph B. Stanziale for their support; that they all lived together in a home maintained by the said Adolph B. Stanziale; and that if Adolph B. Stanziale were inducted in the Army it would cause great hardship to all of them. There was also filed a statement to the same effect by Sandina Stanziale, the mother of Adolph B. Stanziale, which statement also showed that she suffered from a heart condition and was unable to do any work. There was also filed a statement by Samuel Stanziale to the same effect and which also showed that he was unable to work because of his physical condition. There was filed as well a statement by Dr. Alexander Palladino to the effect that Samuel Stanziale was under his care and treatment and that he was unable to...
To continue reading
Request your trial
-
United States v. Cain, 418.
...Beck, supra. See 10 Geo.Wash.L.Rev. 827, supra, and Ex parte Stanziale, supra, 138 F.2d at page 314. The latter case, which reverses D.C., 49 F. Supp. 961, points out the few cases under the present act where release has been ordered. In United States ex rel. Phillips v. Downer, supra, rele......
-
United States v. COMMANDING OFFICER, ETC., Civil Action No. 27.
...v. Local Board No. 1, 3 Cir., 130 F.2d 610, 612, affirming D.C., 43 F.Supp. 881; Ex parte Stanziale, 3 Cir., 138 F.2d 312, reversing D.C., 49 F.Supp. 961; Goff v. United States, 4 Cir., 135 F.2d 610, 612; Dick v. Tevlin, D.C.N.Y., 37 F.Supp. 836, 838; United States ex rel. Filomio v. Powell......
-
United States v. Reckord, Civil Actions No. 2025
...F.2d 610, 612; Rase v. United States, 6 Cir., 129 F.2d 204, 207; Baxley v. United States, 4 Cir., 134 F.2d 998, 999. Ex parte Stanziale, D.C.N.J., 49 F.Supp. 961, 962, was a habeas corpus case in which the petitioner had been inducted by order of his Local Board at a time when he was marrie......
-
United States ex rel. La Charity v. COMMANDING OFFICER, ETC., 317.
...as a basis for reopening his classification; we are not confronted with a problem in the exercise of discretion. Compare Ex parte Stanziale, D.C.N.J., 49 F.Supp. 961, reversed 3 Cir., 138 F.2d 312, certiorari denied 320 U.S. 797, 64 S.Ct. 267; United States v. Reckord, D.C.Md., 51 F.Supp. 5......