United States v. Steam Boat Cora
Supreme Court Of The Territory Of Dakota
Appeal from Yankton County District Court. This action is on the admiralty side of the U. S. Court. The District Court, Second Judicial District, June Term, 1867, Babtlett, C. J., presiding, dismissed the complaint (libel) on the ground that the same did not show a seizure of the boat, by a proper officer, before it was filed. To which decision, the plaintiff excepted, and took an appeal to this court. The facts are sufficiently stated in the opinion.
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Appeal from Yankton County District Court. This action is on the admiralty side of the U. S. Court. The District Court, Second Judicial District, June Term, 1867, Babtlett, C. J., presiding, dismissed the complaint (libel) on the ground that the same did not show a seizure of the boat, by a proper officer, before it was filed. To which decision, the plaintiff excepted, and took an appeal to this court. The facts are sufficiently stated in the opinion. Applying for and receiving property on bond is such an acknowledgment of the jurisdiction of the court, as the claimant is not at liberty to…
1Opinion of the CourtKiddeR, J.
The original libel in this action was filed against the steamboat Cora,- commanded by one W. R. Massly, then being upon and navigating the waters of the Missouri river, in this Territory, for introducing into the Indian country spirituous and intoxicating liquors.
At the October term of said court, in 1866, on motion, the plaintiff had leave to amend the original libel, for reasons not herein important to state, which was accordingly done; and when the action finally came on to be heard, the defendant moved to dismiss it for want of jurisdiction in the district court, for the reason that the…
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