The Attualita
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Eastern District of Virginia, at Norfolk. Suit in admiralty by Basil George Mangakas against the Italian steamship Attualita. Order made by the District Court releasing the steamship from custody on the ground that she had been requisitioned by the Italian government. Libelant appeals. On the 9th of September, 1916, in the court below, the appellant filed his libel’ in rem against the steamship Attualita.
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Appeal from the District Court of the United States for the Eastern District of Virginia, at Norfolk. Suit in admiralty by Basil George Mangakas against the Italian steamship Attualita. Order made by the District Court releasing the steamship from custody on the ground that she had been requisitioned by the Italian government. Libelant appeals. On the 9th of September, 1916, in the court below, the appellant filed his libel’ in rem against the steamship Attualita. He sought to hold it liable for the damages, estimated at $800,000, occasioned by the alleged negligent sinking, on the 29th of…
1Per curiam
The appellee steamship makes five contentions:
[1] 1. The decree below is not final, and therefore not appealable. The libel in this case is in rem. The vessel by the decree below is released from arrest. This in effect terminates the proceeding as against her. Counsel upon both sides seem to be at one that, as a practical matter, if this decree remains unreversed, nothing else can be done in the court below which would be worth doing. The question whether a decree is final and appealable is not determined by the name which the court below gives it, but is to be decided by *911the appellate court…
2Cases cited8 opinions
- Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
- The BelgenlandSupreme Court of the United States · 1885
- The DavisSupreme Court of the United States · 1870
- Potter v. BealCourt of Appeals for the First Circuit · 1892
- Long v. The TampicoDistrict Court, S.D. New York · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Republic of Mexico v. HoffmanSupreme Court of the United States · 1945
- The Western MaidSupreme Court of the United States · 1922
- Compania Espanola De Navegacion Maritima, SA v. the NavemarSupreme Court of the United States · 1938
- Audi Vision Inc. v. RCA Mfg. Co.Court of Appeals for the Second Circuit · 1943
- Motor Distributors, Limited v. Olaf Pedersen's Rederi A/s Owner of the Sunny PrinceCourt of Appeals for the Fifth Circuit · 1957
29 more not listed; retrieve them via the Exa API.