Ex Parte Ferry Co.
Supreme Court of the United States
Petition for a writ of prohibition.- James H. Cuddy exhibited his libel against the steamer ‘"‘Garland,” her engines, dec., in the’District Court of the United States for the Eastern District of Michigan, alleging that he was the father of David Cuddy and William H. Cuddy, aged respectively ten and thirteen years, passengers on board a steam yacht bound up .the Detroit River, when she was sunk by the “ Garland,” whereby they were drowned, and he was deprived of their…
Read the full summary
Petition for a writ of prohibition.- James H. Cuddy exhibited his libel against the steamer ‘"‘Garland,” her engines, dec., in the’District Court of the United States for the Eastern District of Michigan, alleging that he was the father of David Cuddy and William H. Cuddy, aged respectively ten and thirteen years, passengers on board a steam yacht bound up .the Detroit River, when she was sunk by the “ Garland,” whereby they were drowned, and he was deprived of their earnings, services, and society. The sinking of the yacht and their déath are charged to be the. direct result of the…
1Opinion of the CourtChief Justice Waite
This case is, in all its material facts, like that of Ex parte Gor don, supra, p. 515. It matters not that the amount demanded in the libel is less than $5,000, and that consequently no appeal will lie to this court. An appeal will lie to the Circuit Court in favor of the libellant if he is defeated, and in favor of the respondent if the recovery exceeds $50. It is no ground for relief by prohibition that provision has’ not been made for a review of the decision of the court of original jurisdiction, by appeal or otherwise. A prohibition cannot be made to perform the office of a proceeding…
2Cited by17 opinions
- Smith v. WhitneySupreme Court of the United States · 1886
- In Re CooperSupreme Court of the United States · 1892
- In Re FassettSupreme Court of the United States · 1892
- In Re MorrisonSupreme Court of the United States · 1893
- Crill v. State Road DepartmentSupreme Court of Florida · 1928
12 more not listed; retrieve them via the Exa API.