Legal Opinion

Stockwell v. United States

Supreme Court of the United States

Decided December 11, 1871Published

Error to the Circuit Court for the District of Maine. The United States brought an action of debt, in the District Court for the Maine District, against D. R. StockweJl and J. L. Cutter to recover (infer alia) double Hie value of certain importations of shingles alleged to have been illegally made, and received, concealed, or bought by the defendants, with knowledge that the shingles had been illegally imported into the United States.

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Error to the Circuit Court for the District of Maine. The United States brought an action of debt, in the District Court for the Maine District, against D. R. StockweJl and J. L. Cutter to recover (infer alia) double Hie value of certain importations of shingles alleged to have been illegally made, and received, concealed, or bought by the defendants, with knowledge that the shingles had been illegally imported into the United States. The case, which depended partly upon statutes and partly upon facts and evidence, was thus: On the 3d of March, 1823,* Congress passed an act the 2d section of…

1Opinion of the Court 1

80 U.S. 531 (____)

13 Wall. 531

STOCKWELL

v.

UNITED STATES.

Supreme Court of United States.

Mr. R.H. Dana, for the plaintiffs in error.

Mr. B.H. Bristow, Solicitor-General, and Mr. C.H. Hill, Assistant Attorney-General, contra.

2Opinion of the Court · StrongJustice Strong

The first error assigned is that a civil action of debt will not lie, at the suit of the United States, to recover the forfeitures or penalties incurred under this act of Congress, and that the court below erred in holding that such an action might be maintained. It is not contended that an action of debt will not lie to recover duties, if the defendant be the owner or…

Also in this document: Dissent.

3Cases cited8 opinions

  1. United States v. GoodingSupreme Court of the United States · 1827
  2. Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
  3. Stockwell v. United StatesSupreme Court of the United States · 1871
  4. Root v. FrenchNew York Supreme Court · 1835
  5. United States v. LymanU.S. Circuit Court for the District of Massachusetts · 1818

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