The McDonald
U.S. Circuit Court for the District of Southern New York
This was a libel in rem, filed in the district court, by Newell Chamberlain and others against the steamboat McDonald. That court dismissed the libel for want of jurisdiction, and awarded costs to the claimant. [Case No. 11,238.] The libellant appealed to this court from the whole decree.
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This was a libel in rem, filed in the district court, by Newell Chamberlain and others against the steamboat McDonald. That court dismissed the libel for want of jurisdiction, and awarded costs to the claimant. [Case No. 11,238.] The libellant appealed to this court from the whole decree. This court affirmed so much of the decree of the district court as dismissed the libel for want of jurisdiction [Id. 11,239], and the question now arose as to what decree should be made by this court in regard to costs, the libellant claiming that he should not be charged with costs either in this court or…
1Opinion of the Court
NELSON, Circuit Justice.
It was erroneous in the court below to allow costs on the dismissal of the libel for want of jurisdiction. In such a case, by the settled practice of the supreme court, no costs are allowed. So much of the decree below as awarded costs to the claimant must, therefore, be reversed. As the libellant had a right to come to this court to reverse that part of the decree, below which awarded costs against him, I shall not allow costs against him on the appeal, although a part of the decree appealed from is affirmed; and, because he cláimed to reverse the whole decree, I…
2Cited by3 opinions
- Pentlarge v. KirbyU.S. Circuit Court for the District of Southern New York · 1884
- Wenberg v. A Cargo of Mineral PhosphateDistrict Court, S.D. New York · 1883
- Cooper v. New Haven Steam-Boat Co.District Court, S.D. New York · 1883