Burke v. Trevitt
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] In admiralty. This was a libel for restitution of goods, belonging to the plaintiff [John C. Burke], which were alleged to be seized by [defendant] Captain [Samuel R.] Trevitt, the commander of the revenue cutter, on board the schooner Urania, of which the plaintiff was mate, as forfeited by law, but against which no proceedings had been instituted on the revenue side of the district…
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[Appeal from the district court of the United States for the district of Massachusetts.] In admiralty. This was a libel for restitution of goods, belonging to the plaintiff [John C. Burke], which were alleged to be seized by [defendant] Captain [Samuel R.] Trevitt, the commander of the revenue cutter, on board the schooner Urania, of which the plaintiff was mate, as forfeited by law, but against which no proceedings had been instituted on the revenue side of the district court. The defendant filed a defensive, allegation. denying all the charges alleged in the libel, and asserting, that the…
1Opinion of the Court
STORY, Circuit Justice.
A doubt was thrown out at the argument, whether cases of this description were within the jurisdiction of the district court. The proceeding is, to be sure, of rare occurrence, because there has seldom been an occasion requiring its exercise; but it is difficult to conceive the ground of the doubt suggested at the bar. The district court as a court of admiralty and maritime jurisdiction, may entertain suits for all torts, damages, and unlawful seizures, committed upon the high seas, and other navigable waters, where the tide ebbs and flows. As a court of revenue, it has…
2Cases cited1 opinion
- Imlay v. SandsNew York Supreme Court · 1804
3Cited by12 opinions
- United States v. ThomasSupreme Court of the United States · 1873
- In Re FassettSupreme Court of the United States · 1892
- United States v. HeeDistrict Court, D. New Jersey · 1915
- Ross v. HatchSupreme Court of Iowa · 1857
- Hill v. PrattSupreme Court of Vermont · 1856
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