Legal Opinion

Kenrick v. United States

U.S. Circuit Court for the District of Massachusetts

Decided October 15, 1812PublishedCited by 1 opinion

[In error to the district court of the United States for the district of Massachusetts.] The plaintiff in error [Mulford Kenrick] was attached to answer to the United States of America, “in a plea of debt, for that during the continuance of an act of congress of the United States [2 Stat. 453] entitled, ‘An act laying an embargo on all ships and vessels in the ports and harbors of the United States,' and of the several acts supplementary thereto, to wit, on the second day of…

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[In error to the district court of the United States for the district of Massachusetts.] The plaintiff in error [Mulford Kenrick] was attached to answer to the United States of America, “in a plea of debt, for that during the continuance of an act of congress of the United States [2 Stat. 453] entitled, ‘An act laying an embargo on all ships and vessels in the ports and harbors of the United States,' and of the several acts supplementary thereto, to wit, on the second day of January, in the year of our Lord, eighteen hundred and nine, a certain sloop or vessel of the United States, called the…

1Opinion of the Court

STORY, Circuit Justice.

The first error assigned is argued to be fatal, because it in effect concludes against the form, of the statutes, when the offence is created by a single statute. The principle seems to be well settled, that when an offence depends on several statutes, a conclusion against the form of a single statute would be bad. Lee v. Clarke, 2 East, 333; 2 Hawk. P. C. bk. 2, c. 25, § 117; Cro. Jac. 142; Lutw. 212; Owen, 134; Com. Dig. "Action on Statute,” H. The reason of this seems to be, that, by the general rule, a declaration for an offence created by statute must show a…

2Cited by1 opinion

  1. Wilcox v. WebbIndiana Supreme Court · 1823

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