United States v. McElroy
U.S. Circuit Court for the District of New Jersey
Sur Demurrer to Declaration. Action of debt, to recover penalty under the acts of congress of 26th of February, 1885 (23 Stat. 332), and 3d of March, 1891 (26 Stat. 1084), relating to the importation of alien labor.
1Opinion of the Court
ARCHBALD, District Judge.2
The form of action in this case is good, not only by the statute, which declares that the penalty imposed for a violation of its provisions may be sued for and recovered “as debts of like-amount are now recovered in the circuit court of the United States” (Act Feb. 26, 1885; 23 Stat. 332, § 3), but also on general principles. For while it is, no doubt, true that the action, being based on a violation of the statute, sounds in tort (Chaffee v. U. S., 18 Wall. 516, 21 L. Ed. 908), yet, as is there stated, “debt lies for a statutory penalty, because the sum demanded is…
2Cases cited8 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- United States v. LawsSupreme Court of the United States · 1896
- United States v. CraigU.S. Circuit Court for the District of Eastern Michigan · 1886
- Moller v. United StatesCourt of Appeals for the Fifth Circuit · 1893
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