J. T. Lunn Co. v. Cameron
Court of Appeals for the Fifth Circuit
Appeal' from the District Court of the United States for the Eastern District of Louisiana. In Admiralty. Libel by William Cameron and J. W. Castles, trading as Cameron & Castles, against the steamship Beeche Dene, her tackle, etc., (the J. T. Lunn Company, Limited, claimant,) for damage to a cargo of sugar. The vessel was released on claimant’s bond with Richard Milliken as surety.
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Appeal' from the District Court of the United States for the Eastern District of Louisiana. In Admiralty. Libel by William Cameron and J. W. Castles, trading as Cameron & Castles, against the steamship Beeche Dene, her tackle, etc., (the J. T. Lunn Company, Limited, claimant,) for damage to a cargo of sugar. The vessel was released on claimant’s bond with Richard Milliken as surety. A decree was entered for libelants, and affirmed by this court on appeal taken by respondents. 55 Fed. Rep. 525. Pending the appeal, the libelants took new evidence. Heard on respondents’ motion to retax the costs.
1Opinion of the Court
McCORMICK, Circuit Judge.
This case is an appeal in admiralty. Our judgment was that the judgment below be affirmed at appellants’ cost. Pending the appeal, the appellees took new evidence, without obtaining an order of this court for the taking of additional testimony. They proceeded under admiralty rule 49, promulgated by the supreme court in 1851, for taking further proof in a circuit court' upon an admiralty appeal. Notice was given to the adverse party, who appeared, and duly objected to the proceeding as unwarranted. In taking and printing this additional evidence, costs to the amount of…
2Cases cited4 opinions
- The Charles MorganSupreme Court of the United States · 1885
- The LucilleSupreme Court of the United States · 1874
- The MabeySupreme Court of the United States · 1870
- The ArgoSupreme Court of the United States · 1817
3Cited by5 opinions
- Munson S. S. Line v. Miramar S. S. Co.Court of Appeals for the Second Circuit · 1909
- Clark v. Five Hundred & Five Thousand Feet of LumberCourt of Appeals for the Seventh Circuit · 1894
- Red River Line v. CheathamCourt of Appeals for the Fifth Circuit · 1894
- Nicaraguan Long Leaf Pine Lumber Co., Inc. v. Moody. The William G. OsmentCourt of Appeals for the Fifth Circuit · 1954
- Hudson v. GrafflinCourt of Appeals for the Fourth Circuit · 1895