Legal Opinion

Davis v. The Burchard

District Court, S.D. Alabama

Decided June 13, 1890PublishedCited by 13 opinions

In Admiralty. On libel for seamen’s wages. The Burchard is a German vessel, and the crew were shipped at Bue-nos Ayres before the German consul. Upon the filing of the libel at Mobile, the German consul entered a protest, claiming jurisdiction of the matter under the treaty of December 11, 1871, now in force between the United States and Germany. Public Treaties, etc., 258.

1Opinion of the CourtToulmin, J.

Under the allegations of the libel in this case, it appeared that libelants were American seamen, and had been discharged by the master at this jcort; and that, therefore, their relations to the vessel as a part of its crew had been severed. If'this was true, I was inclined to the opinion that the court had jurisdiction to hear and adjudicate the question of wages. The testimony, however, fails to show that they were discharged by the master. On the contrary, it shows that libelants claimed their discharge at this port on the ground that, by the terms of their contract, they were entitled to…

2Cited by13 opinions

  1. Alcoa Steamship Co. v. M/V Nordic RegentCourt of Appeals for the Second Circuit · 1978
  2. Alcoa Steamship Company, Inc. v. M/V Nordic RegentCourt of Appeals for the Second Circuit · 1980
  3. The Bound BrookDistrict Court, D. Massachusetts · 1906
  4. The EsterDistrict Court, E.D. South Carolina · 1911
  5. The BakerDistrict Court, E.D. New York · 1907

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