Legal Opinion

United States v. Lathrop

New York Supreme Court

Decided August 15, 1819PublishedCited by 27 opinions

THIS was an action of debt brought in this court, to recover a penalty of 150 dollars, under the act of Consn s«, passed the 2d of August, 1813, (13 Cong. sess. 1. ch. 3a.) entitled, “An act for laying duties on licenses to retailor - of wines, spirituous liquors, and foreign merchandise,” for sellina, by retail, spirituous liquors, without license, contrary to the provisions of the said act.

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THIS was an action of debt brought in this court, to recover a penalty of 150 dollars, under the act of Consn s«, passed the 2d of August, 1813, (13 Cong. sess. 1. ch. 3a.) entitled, “An act for laying duties on licenses to retailor - of wines, spirituous liquors, and foreign merchandise,” for sellina, by retail, spirituous liquors, without license, contrary to the provisions of the said act. The defendant pleaded to the jurisdiction of this court, alleging, that, under the constitution and laws of the f ,ñt< I Stales, the action ought to have been brought in the Di-tact Court of the United…

1Opinion of the Court

Spencer, Ch. J.,

delivered the opinion of the court. The plea demurred to can only be supported on the ground, that, by the constitution of the United States, no state court can take cognizance of any suit in behalf of the United States, for penalties or forfeitures. The whole case, then, depends on the provisions of' the constitution of the United States.

By the first section of the third article, it is provided, that •‘the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish.” The…

2Cases cited1 opinion

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816

3Cited by27 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Claflin v. HousemanSupreme Court of the United States · 1876
  3. Robertson v. BaldwinSupreme Court of the United States · 1897
  4. Green v. HolwayMassachusetts Supreme Judicial Court · 1869
  5. People v. . WelchNew York Court of Appeals · 1894

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