The St. Paul
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by J. Aron & Co., Incorporated, against the Steamship St. Paul. The Hudson Navigation Company appeals from an order allowing wharfage. The St. Paul, while laden with cargo, was seized at the instance of numerous libelants (beginning in April, 1919), whose claims were ultimately consolidated into a cause entitled as above.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by J. Aron & Co., Incorporated, against the Steamship St. Paul. The Hudson Navigation Company appeals from an order allowing wharfage. The St. Paul, while laden with cargo, was seized at the instance of numerous libelants (beginning in April, 1919), whose claims were ultimately consolidated into a cause entitled as above. Under process in that case the United State's marshal had custody of the vessel on June 11, 1919. The ship, however, was in wretched condition; for on or before May…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The question of law presented by this record is whether we have any right to hear the appeal. It has been often held that mere questions of costs are not appealable (The Ada, 255 Fed. 52, 166 C. C. A. 378, citing cases), and, since it is out of a taxation of the marshals “bill of costs” that this appeal grows, we are asked to dismiss it.
But-it is a mistake to suppose that in the prope'r sense of that word the marshal has, or can have, any costs at all. That official is entitled under the statute to certain fees and to his reasonable expenses in caring…
2Cases cited3 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- The AdaCourt of Appeals for the Second Circuit · 1918
- Eagle Oil Transport Co. v. Bowers Southern Dredging Co.Court of Appeals for the Fifth Circuit · 1919
3Cited by10 opinions
- New York Dock Co. v. Steamship PoznanSupreme Court of the United States · 1927
- China Union Lines, Ltd., Mitsubishi International Corporation, Lan Jing-Chau, Armement Deppe, S.A. v. A. O. Andersen & Co., American Cyanamid CompanyCourt of Appeals for the Fifth Circuit · 1966
- The PoznanCourt of Appeals for the Second Circuit · 1925
- The Herbert L. RawdingDistrict Court, E.D. South Carolina · 1944
- Babdo Sales, Inc. v. Miller-Wohl Company, Inc.Court of Appeals for the Second Circuit · 1971
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