Legal Opinion

United States v. Banister

U.S. Circuit Court for the District of Vermont

Decided October 9, 1895PublishedCited by 2 opinions

This was an action by the United States against one Banister to recover a penalty. On motion to dismiss a writ of capias.

1Opinion of the Court

WHEELER, District Judge.'

This suit is brought upon section 3 of chapter 164 of the act of 1885, relating to alien contracts for labor, which provides that every one violating it “shall forfeit and pay for every such offence the sum of one thousand dollars,” to be recovered “as debts of like amount are now recovered in the circuit courts of the United States, the proceeds to be paid into the treasury of the United States.” 23 Stat. 333; 1 Supp. Rev. St. 479. By the statutes of the state persons are exempt from arrest in any action “on a contract, express or implied” (R. L. § 1477); and the…

2Cases cited5 opinions

  1. Campbell v. HaverhillSupreme Court of the United States · 1895
  2. Aiken v. RichardsonSupreme Court of Vermont · 1843
  3. Bent v. BentSupreme Court of Vermont · 1870
  4. Town of Montpelier v. AndrewsSupreme Court of Vermont · 1844
  5. School District No. 1 v. AustinSupreme Court of Vermont · 1873

3Cited by2 opinions

  1. Noriega-Perez v. United StatesCourt of Appeals for the Ninth Circuit · 1999
  2. International Mercantile Marine Co. v. StranahanU.S. Circuit Court for the District of Southern New York · 1907

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