People Ex Rel. Barbour v. . Gates
New York Court of Appeals
This is an appeal from an order made by the General Term of the third judicial district, affirming an order made by Mr. Justice Miller, at Special Term, discharging an apprentice on habeas corpus. On the 8th of July, 1869, Mr. Justice Miller, on the petition of the relator, issued a habeas corpus, directed to the appellant, requiring him to produce the body of Marion S. D. Barbour before the justice on the 15th day of July then instant.
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This is an appeal from an order made by the General Term of the third judicial district, affirming an order made by Mr. Justice Miller, at Special Term, discharging an apprentice on habeas corpus. On the 8th of July, 1869, Mr. Justice Miller, on the petition of the relator, issued a habeas corpus, directed to the appellant, requiring him to produce the body of Marion S. D. Barbour before the justice on the 15th day of July then instant. The appellant produced Marion and made due return to the writ, which was answered by the relator. The matter was then referred to a referee to take the…
1Opinion of the CourtAllen, J.
The objection that the indenture could not be read in evidence, for want of a stamp, as prescribed by the Hnited States internal revenue act, was not tenable. That act, so far as it prescribes a rule of evidence, is operative only V in the federal courts, and has no application to the courts of a State. (Carpenter v. Snelling, 97 Mass., 452.) It is not claimed that the instrument was void for the omission of the stamp.
The tender age of the infant at the time of entering into the apprenticeship, does not vitiate the indenture. The statute requiring her signature was complied with, and the…
2Cases cited1 opinion
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
3Cited by19 opinions
- Small v. SlocumbSupreme Court of Georgia · 1900
- Crane v. ReederMichigan Supreme Court · 1874
- Moore v. . MooreNew York Court of Appeals · 1872
- Moore v. QuirkMassachusetts Supreme Judicial Court · 1870
- People Ex Rel. Wehle v. . WeissenbachNew York Court of Appeals · 1875
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