Perriam v. Pacific Coast Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the District of Washington. In Admiralty. On November 25, 1901, the British ship Nelson, of 1,310 tons gross and 1,247 tons net register, with a crew of 23, including officers, carrying a cargo of wheat of the value of $35,000, with pending freight of $15,000, sailed from the mouth of the Columbia river, Or., on a voyage to the United Kingdom.
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Appeal from the District Court of the United States for the Northern Division of the District of Washington. In Admiralty. On November 25, 1901, the British ship Nelson, of 1,310 tons gross and 1,247 tons net register, with a crew of 23, including officers, carrying a cargo of wheat of the value of $35,000, with pending freight of $15,000, sailed from the mouth of the Columbia river, Or., on a voyage to the United Kingdom. She had proceeded a little more than 100 miles off the coast of Oregon when she encountered heavy weather and gales of unusual violence, which so distressed her by damage…
1Opinion of the CourtGilbert, Circuit Judge
Upon the argument the appellees moved to dismiss the appeal on the ground that it was taken by the appellant alone from a judgment rendered against him and the United States Fidelity & Guaranty Company jointly for a specific sum of money, and that no permission of the court was granted the appellant to appeal therefrom alone, nor was there any severance and summons. The appellee, in advancing the motion, relies on the doctrine that when a decree is entered against two persons jointly one of them cannot appeal therefrom unless he serve the other with notice of his appeal and the other refuse…
2Cases cited14 opinions
- Hill v. MendenhallSupreme Court of the United States · 1875
- The" Wanata"Supreme Court of the United States · 1877
- The FlottbekCourt of Appeals for the Ninth Circuit · 1902
- The SandringhamDistrict Court, E.D. Virginia · 1882
- Whitney v. OlsenCourt of Appeals for the Ninth Circuit · 1901
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3Cited by10 opinions
- International Marine Towing, Inc. v. Southern Leasing Partners, Ltd.Court of Appeals for the Fifth Circuit · 1983
- The Bailey GatzertCourt of Appeals for the Ninth Circuit · 1910
- The Dolbadarn CastleCourt of Appeals for the Ninth Circuit · 1915
- L. I. R. R. No. 18Court of Appeals for the Second Circuit · 1933
- Peterson v. LarsenCourt of Appeals for the Ninth Circuit · 1910
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