Legal Opinion

Smith v. The Morgan City

District Court, D. South Carolina

Decided July 12, 1889PublishedCited by 4 opinions

In Admiralty. Libel for salvage. Libel for salvage by Smith, master of the steam-ship Apex, against the-steam-ship Morgan City. A decree was rendered for salvage, and, the sum awarded having been paid, the marshal’s and clerk’s commissions-were taxed as part of the costs. To this taxation the claimants object..

1Opinion of the CourtSimonton, J.

The case comes up on a question of the marshal’s and clerk’s commissions. When the libel for salvage was filed, the warrant of arrest was left in the hands of the clerk. Libelant’s proctor instructed-the clerk not to hand it to the marshal. No arrest having been made, the respondents put in a stipulation for the Morgan City, both proctors assenting, and she' remained in the possession of her owners. A decree for salvage having been rendered, the case was settled by the parties without a sale. No money was paid into the registry of the court, or into the hands of the marshal. In the taxation…

2Cases cited2 opinions

  1. In re GoodrichU.S. Circuit Court for the District of Eastern Arkansas · 1878
  2. City of WashingtonU.S. Circuit Court for the District of Eastern New York · 1876

3Cited by4 opinions

  1. City of St. IgnaceDistrict Court, N.D. Ohio · 1927
  2. Northwestern Mut. Life Insurance v. QuinnU.S. Circuit Court for the District of Western Michigan · 1895
  3. The ErosDistrict Court, E.D. New York · 1916
  4. Hanson v. The Scottish DaleDistrict Court, D. Washington · 1895

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