The Lucille
Supreme Court of the United States
On motion to dismiss, for want of jurisdiction, an appeal in admiralty from the Circuit Court for the District of Maryland. The act of March 3d, 1803,* amendatory of the Judiciary Act, enacts that “from all final decrees” rendered in any Circuit Court in any cases of admiralty, “ where the matter in dispute, exclusive of costs, shall exceed the sum or value of $2000,” an appeal shall be allowed to this court.
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On motion to dismiss, for want of jurisdiction, an appeal in admiralty from the Circuit Court for the District of Maryland. The act of March 3d, 1803,* amendatory of the Judiciary Act, enacts that “from all final decrees” rendered in any Circuit Court in any cases of admiralty, “ where the matter in dispute, exclusive of costs, shall exceed the sum or value of $2000,” an appeal shall be allowed to this court. This statute being in force, Nancy Repass libelled the schooner Lucille, in the District Court for Maryland, for damages; alleging a collision by the Lucille, whereby she had been “…
1Opinion of the CourtJustice Miller
Whatever may be the merit of the objection on which the motion is founded, namely, that the above decree is not for an amount exceeding $2000, we are of opinion that there is not a final decree from which an appeal can be taken to this court, and that this appeal must for that reason be dismissed.
An appeal in admiralty has the effect to supersede and vacate the decree from which it is taken. A new trial, completely and entirely new, with other testimony and other pleadings, if necessary, or, if asked for, is contemplated, — a trial in which the judgment of the court below is regarded as…
2Cited by22 opinions
- The Charles MorganSupreme Court of the United States · 1885
- Irvine v. the HesperSupreme Court of the United States · 1887
- The Ernest H. MeyerCourt of Appeals for the Ninth Circuit · 1936
- North Pac. Coast R. Co. v. HallCourt of Appeals for the Ninth Circuit · 1905
- Munson S. S. Line v. Miramar S. S. Co.Court of Appeals for the Second Circuit · 1909
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