Steamboat Burns
Supreme Court of the United States
These were two cases brought before the court by what purported to be writs of error to the Supreme Court of Missouri. The writ iu the first case referred to a judgment in that court in a suit “ between the steamboat Burns, her tackle, fc., appellant, and James Reynolds and James Aiken, respondents and appellees,” in which “ a manifest error hath happened, to the great damage of the said steamboat, her tackle, ¿•c., as by her complaint appears.”
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These were two cases brought before the court by what purported to be writs of error to the Supreme Court of Missouri. The writ iu the first case referred to a judgment in that court in a suit “ between the steamboat Burns, her tackle, fc., appellant, and James Reynolds and James Aiken, respondents and appellees,” in which “ a manifest error hath happened, to the great damage of the said steamboat, her tackle, ¿•c., as by her complaint appears.” The citation made the same recital. The writ and citation in the second case varied from this only in the names of the defendants in error. This form…
1Opinion of the CourtJustice Miller
It is believed to be the first time that anything but a human being, or an aggregation of human beings, called a corporation or association, has attempted to bring a writ of error or appeal in this court.
It is said in support of the writ that the proceeding below was in rem against the steamboat by name, and that as it was so conducted through all the State courts it should be so here.
There is nothing in the essential nature of proceedings in rem which justifies or requires this. Whenever the res is seized in admiralty proceedings proper, or in revenue or other proceedings partaking of that…
2Cited by3 opinions
- Allis-Chalmers Co. v. Iron Molders' Union No. 125U.S. Circuit Court for the District of Eastern Wisconsin · 1906
- The ManhattanDistrict Court, S.D. New York · 1910
- Gallivan v. JonesCourt of Appeals for the Ninth Circuit · 1900