Site icon The Law Dictionary

ENLISTMENT

The act of one who voluntarily enters the military or naval service of the government contracting to serve in a subordinate capacity. Morrlssey v. Perry, 137 U. S. 157, 11 Sup. Ct. 57, 34 L. Ed. 644; Babbitt v. TJ. S., 16 Ct. CI. 213; Erlchson v. Beach, 40 Conn. 286.
The words “enlist” and “enlistment,” in law, as in common usage, may signify either the complete fact of entering into the military service, or the first step taken by the recruit towards that end. When used in the former sense, as in statutes conferring a right to compel the military service of enlisted men, the enlistment is not deemed completed until the man has been mustered into the service. Tyler v. Pomeroy, 8 Allen (Mass.) 480.
Enlistment does not include the entry of a person into the military service under a commission as an officer. Hilliard v. Stewartstown. 48 N. H. 280.
Enlisted applies to a drafted man as well as a volunteer, whose name is duly entered on the military rolls. Sheffield y. Otis, 107 Mass. 282.

Exit mobile version