The Sarah
Supreme Court of the United States
Appeal from the District Court of Louisiana. This was a libel of information in the court below, against 422 casks of wine, imported in the brig Sarah, and afterwards seized at New Orleans, alleging a forfeiture to the United States, by a false entry in the office of the collector of the port of New York, made for the benefit of drawback, on re-exportation, and stating, that the seizure' was made on waters navigable from the sea by vessels *of ten or more tons burden.
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Appeal from the District Court of Louisiana. This was a libel of information in the court below, against 422 casks of wine, imported in the brig Sarah, and afterwards seized at New Orleans, alleging a forfeiture to the United States, by a false entry in the office of the collector of the port of New York, made for the benefit of drawback, on re-exportation, and stating, that the seizure' was made on waters navigable from the sea by vessels *of ten or more tons burden. In the progress of the cause, it appeared, that the seizure was in fact made on land ; which fact was suggested to the court…
1Opinion of the Court
MARSHALL, Ch. J.,
delivered the opinion of the court, and after stating the case, proceeded as follows : — By the act constituting the judicial system of the United States, the district courts are courts both of common-law and admiralty jurisdiction. In the trial of all cases of seizure, on land, the court sits as a court of common law. In cases of seizure made on waters navigable by vessels of ten tons burden and upwards, the court sits as a court of admiralty. In all cases at common law, the trial must be by jury. In cases of admiralty and maritime jurisdiction, it has been settled, in the…
2Cases cited5 opinions
- The EdwardSupreme Court of the United States · 1816
- Brig Caroline, William Broadfoot v. The United StatesSupreme Court of the United States · 1813
- The United States v. The Schooner Betsey and Charlotte, and Her CargoSupreme Court of the United States · 1808
- United States v. Schooner SallySupreme Court of the United States · 1805
- First Municipality of New Orleans v. McDonoughSupreme Court of Louisiana · 1842
3Cited by62 opinions
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Waring v. ClarkeSupreme Court of the United States · 1847
- People v. One 1941 Chevrolet CoupeCalifornia Supreme Court · 1951
- United States v. The J. B. Williams Company, Inc., and Parkson Advertising Agency, Inc.Court of Appeals for the Second Circuit · 1974
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
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