Legal Opinion

Talbot v. Janson

Supreme Court of the United States

Decided August 22, 1795PublishedCited by 79 opinions

THIS was a Writ of Error, in the nature of an Appeal, from the Circuit Court for the District of South Carolina; and the following circumstances appeared upon the pleadings :— A Libel was filed against Edward Ballard, Captain of an armed vessel, called L' Ami de la Liberte, on the Admiralty side of the District Court of South Carolina, in June, 1794, by Joost Janson, late master of the Brigantine Magdalena (then lying at Charleston, within the jurisdiction of the Court) in…

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THIS was a Writ of Error, in the nature of an Appeal, from the Circuit Court for the District of South Carolina; and the following circumstances appeared upon the pleadings :— A Libel was filed against Edward Ballard, Captain of an armed vessel, called L' Ami de la Liberte, on the Admiralty side of the District Court of South Carolina, in June, 1794, by Joost Janson, late master of the Brigantine Magdalena (then lying at Charleston, within the jurisdiction of the Court) in which it was set forth, that the Brigantine and her cargo were the property of Citizens of the United Netherlands, a…

1Opinion of the Court

/Paterson, JuJlice.

The libel in this cause was exhibited by Foost Fansen, matter of the Vrouw Christiana Magdalena, a Dutch brigantine, owned by citizens of the United Netherlands ; and its prayer is, that Edward Ballard, and all others, having claim, may be compelled to make restitution. The District Court directed restitution; the Circuit Court affirmed the decree; and the cause is now before this court for revision. The Magdalena was captured by Ballard, or by Ballard and Talbot, and brought into Charleston. The general question is, whether the decree of restitution was well awarded. In…

2Cited by79 opinions

  1. Ex Parte QuirinSupreme Court of the United States · 1942
  2. The Apollon.Supreme Court of the United States · 1824
  3. Afroyim v. RuskSupreme Court of the United States · 1967
  4. Kawakita v. United StatesSupreme Court of the United States · 1952
  5. Savorgnan v. United StatesSupreme Court of the United States · 1950

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