United States v. Morgan
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Virginia. This case comes up on appeal from a decree of the circuit court of the United States for the Ifiastem district of Virginia. The action below was brought by way of petition on the part of A. I). Morgan, master of steam tug Prank A. Lowe, against the United States. The cause of action is a claim for salvage of the lightship No. 49, the property of the United Stales.
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Appeal from the Circuit Court of the United States for the Eastern District of Virginia. This case comes up on appeal from a decree of the circuit court of the United States for the Ifiastem district of Virginia. The action below was brought by way of petition on the part of A. I). Morgan, master of steam tug Prank A. Lowe, against the United States. The cause of action is a claim for salvage of the lightship No. 49, the property of the United Stales. The form of pleading is in admiralty in personam. The amount claimed is §10,000. The court below considered it a case of salvage, and awarded…
1Opinion of the Court
SEMONTON, Circuit Judge.
Tlie vital question in this case is, liad the court jurisdiction? The action is against the United States. It is a claim for salvage. The proceeding to recover salvage is in the circuit court, not in the district court, and it is in form a libel. The United States, a sovereign, cannot be sued, except by its own consent, and in the mode prescribed by congress. Act Cong. March 3, 1887 (M Stat. 505), gives jurisdiction to the court of claims of "all claims founded upon the constitution of the United {States, or any act of congress, except for pensions or upon any…
2Cases cited19 opinions
- Mason v. Ship BlaireauSupreme Court of the United States · 1804
- The DavisSupreme Court of the United States · 1870
- United States v. Berdan Fire-Arms Manufacturing Co.Supreme Court of the United States · 1895
- United States v. PalmerSupreme Court of the United States · 1888
- Houseman v. Cargo of the Schooner North CarolinaSupreme Court of the United States · 1841
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3Cited by7 opinions
- The Joseph F. ClintonCourt of Appeals for the Second Circuit · 1918
- City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1920
- United States v. Cornell Steamboat Co.Court of Appeals for the Second Circuit · 1905
- Cornell Steamboat Co. v. United StatesDistrict Court, S.D. New York · 1904
- Hartford & N. Y. Transp. Co. v. United StatesU.S. Circuit Court for the District of Connecticut · 1905
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