Legal Opinion

Respublica v. Keppele

Supreme Court of the United States

Decided January 1, 1793PublishedCited by 18 opinions

A HABEAS CORPUS was issued to bring up the body of Benjamin, a minor, about fourteen years old, who had been bound by his guardian’s consent, to the defendant, to serve her till he should arrive to the age of fifteen.

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A HABEAS CORPUS was issued to bring up the body of Benjamin, a minor, about fourteen years old, who had been bound by his guardian’s consent, to the defendant, to serve her till he should arrive to the age of fifteen. Having absconded from her service, he was committed to goal, for that cause; and a general question was made, whether an infant could be bound as a servant in Pennsylvania? The Court were unanimously of opinion, that the indenture, in this case, was void, and gave their opinions seriatim.

1Opinion of the Court

The opinion of Justice Bradford, (which is all I have in my notes) entered fully into the principles of the decision as follows.

Bradford. Justice:—

The imprisonment of this infant if justified at all, must be supported under the Act of 1700, respecting servants; so that the only question for our determination is, whether he be a servant within the meaning of that ad of Assembly? 1 Vol. Dall. Edit. p. 13.

It is clear that this indenture, by which the infant is bound to serve, and not to learn any trade, occupation, or labour, cannot be supported upon the principles of common law, nor by the…

2Cited by18 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Phelps v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1881
  3. Kenner v. KennerTennessee Supreme Court · 1917
  4. Leech v. AgnewSupreme Court of Pennsylvania · 1847
  5. Sandra Omar v. John M. McHughCourt of Appeals for the D.C. Circuit · 2011

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