McLellan v. United States
U.S. Circuit Court for the District of Massachusetts
This was a writ of error brought to reverse the decision of the district court of Maine in a cause of admiralty and maritime jurisdiction. A motion was made to dismiss the writ of error, upon the ground that this cause was cognizable only by way of appeal, and not by writ of error.
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This was a writ of error brought to reverse the decision of the district court of Maine in a cause of admiralty and maritime jurisdiction. A motion was made to dismiss the writ of error, upon the ground that this cause was cognizable only by way of appeal, and not by writ of error. On inspection of the record it appeared, that the libel was filed against certain goods, for being unladen within the district of Saco without a permit from the collector of the district, contrary' to the act of 2d March, 1799, c. 128 [chapter 22], Pending the prosecution, on application of the claimant [Joseph…
1Opinion of the CourtStory, Circuit Justice
(after reciting the facts). On examining the language of the judiciary act of 24th September, 1789, c. 20 [1 Stat. 73], I am satisfied that a writ of error is not the proper process, to remove the decree of the district court of Maine for reexamination into this court. The mode prescribed by law is by appeal to the next circuit court, and as no such appeal was claimed or allowed, the party cannot now take advantage of any errors of fact or law apparent in the cause, so far as it is a cause of admiralty and maritime jurisdiction. But it has been contended by the counsel for the claimant, that…
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