Legal Opinion

The Lucy

Supreme Court of the United States

Decided November 18, 1869PublishedCited by 5 opinions

Motion to dismiss an appeal from the District Court for the Southern District of Florida, condemning the schooner Lucy, the case being this: An act of Congress of 1803* prescribes the circumstances under which appeals are allowed from the District to the Circuit Courts, and from these last to this court.

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Motion to dismiss an appeal from the District Court for the Southern District of Florida, condemning the schooner Lucy, the case being this: An act of Congress of 1803* prescribes the circumstances under which appeals are allowed from the District to the Circuit Courts, and from these last to this court. This act being in force and governing the appeals mentioned, an act of February, 1847,† established the District Court for the Southern District of Florida, with the jurisdiction and powers of a District and Circuit Court of the United States; and appeals were allowed, from its decrees in the…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

At the time when the District Court for the Southern District of Florida was established, the act of 1803 † governed appeals from the District to the Circuit Courts, and from the Circuit Courts to this court. No appeal in admiralty could be taken directly from the District Court to this court, except when, as in the case of the Southern District of Florida, the District Court exercised the jurisdiction of the Circuit Court as well as that of the District Court.

If this state of the law had undergone no change at the date of the decree of…

2Cited by5 opinions

  1. De Rodulfa v. United StatesCourt of Appeals for the D.C. Circuit · 1972
  2. Am. Nat. Bank of McAlester v. Mergenthaler LinotypeSupreme Court of Oklahoma · 1912
  3. Atkins v. Nordyke-Marmon Co.Supreme Court of Kansas · 1899
  4. Clark v. DoerrCourt of Appeals for the Fifth Circuit · 1906
  5. Patrocinia L. Vda De Rodulfa v. United States of America and Administrator of Veterans Affairs, Juliana Caparas Vda Del Rosario v. United States of America and Donald E. Johnson, Administrator of Veterans AffairsCourt of Appeals for the D.C. Circuit · 1972

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