Legal Opinion

The Three Friends

Supreme Court of the United States

Decided March 1, 1897No. 701PublishedCited by 75 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The steamer Three Friends was seized November T, 1896, by the collector of customs for the district of St. John’s, Florida, as forfeited to the United States under section 5283 of the Revised Statutes, and, thereupon, November 12, was libelled, on behalf of the United States in the District Court for the Southern District of Florida.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The steamer Three Friends was seized November T, 1896, by the collector of customs for the district of St. John’s, Florida, as forfeited to the United States under section 5283 of the Revised Statutes, and, thereupon, November 12, was libelled, on behalf of the United States in the District Court for the Southern District of Florida. The first two paragraphs of the libel alleged the seizure and detention of the vessel, and the libel then continued : “ Third. That the said steamboat or steam vessel, the ‘ Three Friends,’ was on,…

1Opinion of the CourtChief Justice Fuller

It is objected that the decree was not final, but, inasmuch as the libel was ordered to stand dismissed if not amended within ten days, the prosecution of the appeal, within that time, was an election to waive the right to amend and the decree of dismissal took effect immediately.

In admiralty cases, among others enumerated, the decree of the Circuit Court of Appeals is made final in that court by the terms of section six of the Judiciary Act of March 3,1891, but this court may require any such case, by certiorari or otherwise, to be certified “ for its review and determination with the same…

2Cases cited16 opinions

  1. Wiborg v. United StatesSupreme Court of the United States · 1896
  2. The PalmyraSupreme Court of the United States · 1827
  3. United States v. Brig Malek AdhelSupreme Court of the United States · 1844
  4. Gelston v. HoytSupreme Court of the United States · 1818
  5. United States v. AmesSupreme Court of the United States · 1879

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3Cited by75 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  3. Underhill v. HernandezSupreme Court of the United States · 1897
  4. Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
  5. Arlene Otis v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1994

70 more not listed; retrieve them via the Exa API.

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