Legal Opinion

Commonwealth v. Barker

Supreme Court of Pennsylvania

Decided March 29, 1813PublishedCited by 3 opinions

HIS was a habeas corpus to James N. Barker, a captain in the United States’ army, to bring up the body of John Butcher, detained in his custody, and to certify the cause of his detainer.

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HIS was a habeas corpus to James N. Barker, a captain in the United States’ army, to bring up the body of John Butcher, detained in his custody, and to certify the cause of his detainer. The return to the writ stated, 'that the defendant had the body of Butcher before the Court, and that he detained him by virtue of an enlistment as a soldier in the army of the United States on the 17th of August 1812, the consent of his master Philip Le Feme, in writing, having been first obtained. The writ was prosecuted at the instance of Butcher, by the managers of the almshouse and house of employment of…

1Opinion of the Court

Tilghman C. J.

John Butcher, who is now about the age of sixteen years, was bound apprentice by the managers of of the almshouse and house of employment of the city and county of Philadelphia, to Philip Le Feme, to learn the art and mystery of a cordwainer. On the 17th of August last he was enlisted as a soldier in the army of the United States, the consent of his master in writing having been previously obtained. These facts are set forth in the return to the habeas corpus, and are not disputed.

By the act of congress of the 11th of January 1812, it is provided that no person under the age of…

2Cited by3 opinions

  1. In re DoyleDistrict Court, S.D. New York · 1883
  2. Hiller v. FauseySupreme Court of Pennsylvania · 2006
  3. Hiller v. FauseySupreme Court of Pennsylvania · 2006

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