Legal Opinion

Ex Parte Easton

Supreme Court of the United States

Decided November 18, 1877PublishedCited by 129 opinions

Petition for a writ of prohibition to restrain the District Court of the United States for the Eastern District of New York from exercising jurisdiction in a proceeding in rem to enforce an alleged lien for wharfage against the canal-boat or barge “ John M. Welch.” • As the facts in the case are fully stated in the opinion of the court, they are omitted here.

Read the full summary

Petition for a writ of prohibition to restrain the District Court of the United States for the Eastern District of New York from exercising jurisdiction in a proceeding in rem to enforce an alleged lien for wharfage against the canal-boat or barge “ John M. Welch.” • As the facts in the case are fully stated in the opinion of the court, they are omitted here. The District Court has no jurisdiction over .the barge “ John M. Welch,” because, 1, a contract of wharfage is not a maritime contract. The Genesee Chief, 12 How. 448; The Lottawanna, 21 Wall. 558; The Belfast, 7 id. 624; Insurance…

1Opinion of the CourtJustice Clifford

Judicial power under the Federal Constitution extends to all cases of admiralty and 'maritime jurisdiction, and it was doubtless the intention of Congress, by the ninth section of the Judiciary Act, to confer upon the District Court the exclusive original cognizance of all admiralty and maritime causes, the words of the act being in terms exactly, coextensive with the power conferred by the Constitution. ■ In order, therefore, to determine the limits of the admiralty jurisdiction, it becomes necessary to ascertain the 'true interpretation of the constitutional grant. On that subject three…

2Cases cited13 opinions

  1. The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
  2. Ex Parte City BankSupreme Court of the United States · 1844
  3. De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
  4. The Maggie HammondSupreme Court of the United States · 1870
  5. The EddySupreme Court of the United States · 1867

8 more not listed; retrieve them via the Exa API.

3Cited by129 opinions

  1. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
  2. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1972
  3. Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
  4. Smith v. WhitneySupreme Court of the United States · 1886
  5. Sweet Pea Marine, Ltd. v. APJ Marine, Inc.Court of Appeals for the Eleventh Circuit · 2005

124 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API