The Neptune
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Dibel by Verdón '& Co. against the steam tug Neptune. From an order retaxing the mashal’s fees and expenses, libelant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Dibel by Verdón '& Co. against the steam tug Neptune. From an order retaxing the mashal’s fees and expenses, libelant appeals. Appeal from an order of the District Court retaxing the marshal’s fees and expenses in the custody of the Neptune, arrested by him on April 19, 1917, and sold on May 28, 1917. While in his custody for a part of the time, he employed one keeper at $5 per diem, and for the rest two at ¥2.50 each per diean. On the d-ay of the arrest the libelant wrote a letter to the marshal,…
1Opinion of the CourtRearnijd Hand, District Judge
(after stating the facts as above). [1] The appellee does not contend that, without the libelant’s au-*130uiurizacion. the marshal has the right to charge more than $2.50 per diem for the custody of the vessel. Indeed, such a contention would, if made, be in the face of the statute (R. S. §§ 823, 829 [Comp. St. 1916, §§ 1375, 1386]), which expressly limits the marshal's allowance to that amount. Such has been the uniform ruling o-f the District Courts for the Southern and Eastern Districts of New York, and the question admits of no debate. The Perseverance (D. C.) 22 Fed. 462; The Captain John…
2Cases cited11 opinions
- Carpenter v. . TaylorNew York Court of Appeals · 1900
- Crofut v. . BrandtNew York Court of Appeals · 1874
- Burk v. WebbMichigan Supreme Court · 1875
- Gilman v. D. V. R.Supreme Court of Iowa · 1875
- Edgerly v. HaleSupreme Court of New Hampshire · 1901
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3Cited by2 opinions
- Cohn v. GeorgeDistrict Court, E.D. Illinois · 1968
- Sorenson & Co. v. Liverpool, Brazil & River Plate Steam Nav. Co.District Court, S.D. New York · 1930