Legal Opinion

Ex Parte Wilder's Steamship Company

Supreme Court of the United States

Decided January 6, 1902No. 9, OriginalPublishedCited by 13 opinions

PETITION FOR WRIT OF MANDAMUS. This was a petition by the Wilder’s Steamship Company, a corporation organized and existing under the laws of the Ter ritory of Hawaii, for a writ of mandamus to the United States-Circuit Court of Appeals for the Ninth Circuit to entertain an appeal from the Supreme Court of the Territory of -Hawaii. On December 27, 1899, the steamer Claudine, one of the petitioner’s steamships, came into collision with the barkentine William Carson.

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PETITION FOR WRIT OF MANDAMUS. This was a petition by the Wilder’s Steamship Company, a corporation organized and existing under the laws of the Ter ritory of Hawaii, for a writ of mandamus to the United States-Circuit Court of Appeals for the Ninth Circuit to entertain an appeal from the Supreme Court of the Territory of -Hawaii. On December 27, 1899, the steamer Claudine, one of the petitioner’s steamships, came into collision with the barkentine William Carson. On February 5, 1900, the owners of the William Carson and of her cargo filed, a libel in admiralty against the steamship company…

1Opinion of the CourtJustice Gray

We are of opinion that the appeal from the Supreme Court of the .Territory of Hawaii to the United States Circuit Court of Appeals for the Ninth Circuit was rightly disallowed.

The libel in admiralty was originally brought, and a decree made, in a court of the Republic of Hawaii having jurisdiction of. the 'cause, and an appeal from that decree was duly taken to the Supreme Court of Hawaii, as provided by the then existing law of the Republic. While the appeal was lawfully pending in the courts of Hawaii, Congress, by the act of April 30,1900, c. 339, .provided a government for the Territory…

2Cited by13 opinions

  1. Equitable Life Assurance Society v. BrownSupreme Court of the United States · 1902
  2. International Longshoremen's & Warehousemen's Union v. AckermanDistrict Court, D. Hawaii · 1949
  3. Carter v. GearHawaii Supreme Court · 1904
  4. Rubenstein v. H. Hackfeld & Co.Hawaii Supreme Court · 1906
  5. Alesna v. RiceCourt of Appeals for the Ninth Circuit · 1949

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