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ENLISTMENT Definition & Legal Meaning

Definition & Citations:

The act of one who voluntarily enters the military or naval service ofthe government contracting to serve in a subordinate capacity. Morrisscy v. Perry, 137U. S. 157, 11 Sup. Ct. 57, 34 L. Ed. 044; Babbitt v. U. S., 16 Ct. CI. 213; Erichson v.Beach, 40 Conn. 2S6.The words “enlist” and “enlistment,” in law, as in common usage, may signify eitherthe complete fact of entering into the military service, or the first step taken by therecruit to wards that end. When used in the former sense, as in statutes conferring a right tocompel the military service of enlisted men, the enlistment is not deemed completeduntil 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 acommission as an ollieer. llilliard v. Stewarts- town. 48 N. H. 280.Enlisted applies to a drafted man as well as a volunteer, whose name is duly enteredon the military rolls. Sheffield v. Otis, 107 Mass. 282.


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