United States v. Farragut
Supreme Court of the United States
Appeal from the Supreme Court of the District of Columbia. On the 22d of January, 1862, the city of New Orleans being then in the possession of the rebel confederacy, and access to it from the ocean by the troops of the United States being cut off by the rebel forces in Forts Jackson and St. Philip, below it; a large armament of mortars was sent to the mouth of the Mississippi, which the Western Q-ulf Squadron of the United States was blockading; and Flag-officer Farragut,…
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Appeal from the Supreme Court of the District of Columbia. On the 22d of January, 1862, the city of New Orleans being then in the possession of the rebel confederacy, and access to it from the ocean by the troops of the United States being cut off by the rebel forces in Forts Jackson and St. Philip, below it; a large armament of mortars was sent to the mouth of the Mississippi, which the Western Q-ulf Squadron of the United States was blockading; and Flag-officer Farragut, afterwards admiral of that name, ordered to its command. These were his instructions: “ When these formidable mortars…
1Opinion of the CourtJustice Miller
The first and most important question arising in the argument of the ease before us, respects the validity of the award and its effect in limiting the field of investigation of this court on appeal.
On the one hand it is maintained that the provision which gives to either party the right to appeal to this court, as from other decrees or judgments in prize cases, in effect nullifies the award here and opens the entire case upon all the pleadings and evidence in the record as though no award had been made. On the other, it is argued that the clause which declares the award final upon all…
2Cases cited1 opinion
- The Brig Amy WarwickSupreme Court of the United States · 1862
3Cited by14 opinions
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- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
- In Re I/s Stavborg (O. H. Meling, Manager) v. National Metal Converters, Inc.Court of Appeals for the Second Circuit · 1974
- Brandon v. HinesDistrict of Columbia Court of Appeals · 1981
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