The Eagle
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of Michigan. The case being-thus: 1. The Constitution declares that the power of ■ the Federal courts shall extend to “ all cases of admiralty and maritime jurisdiction.”
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Error to the Circuit Court for the Eastern District of Michigan. The case being-thus: 1. The Constitution declares that the power of ■ the Federal courts shall extend to “ all cases of admiralty and maritime jurisdiction.” And the Judiciary Act of 1789 gives to all the District Courts “ exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including-all seizures under laws of impost, navigation, or trade of the United States, where the' seizures are made on. waters which are navigable from the sea by vessels of ten or more tons burden, within their…
1Opinion of the Court
Mr.'Justice NELSON
delivered the opinion of the court.
On the question of mei’its we concur with the conclusion of the courts below. We.shall onlyexamine the questions of law.
The summary of them, as stated by the learned counsel, is (1) There is no law in force in the Province of Canada, the place where the tort was .committed, that gives a lien upon the vessel for the alleged damages; (2) The laws of the United States have no extra-territorial force-in a foreign territory to create a lien; and (3) The admiralty lien is a right in the thing — -jus in.re, and not jus ad rem — and the lien must…
2Cases cited2 opinions
- Waring v. ClarkeSupreme Court of the United States · 1847
- The SamuelSupreme Court of the United States · 1816
3Cited by70 opinions
- Crowell v. BensonSupreme Court of the United States · 1932
- Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
- Manchester v. MassachusettsSupreme Court of the United States · 1891
- The Robert W. ParsonsSupreme Court of the United States · 1903
- Marine Transit Corp. v. DreyfusSupreme Court of the United States · 1932
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