Braithwaite v. Jordan
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. Action by William Braithwaite against W. B. Jordan and others on an appeal bond. From a judgment sustaining a demurrer to the complaint, plaintiff appeals. Courts of admiralty exercise a dual jurisdiction (a) as instance courts, (b) as prize courts. 3 Blackst.
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Appeal from District Court, Burleigh County; Winchester, J. Action by William Braithwaite against W. B. Jordan and others on an appeal bond. From a judgment sustaining a demurrer to the complaint, plaintiff appeals. Courts of admiralty exercise a dual jurisdiction (a) as instance courts, (b) as prize courts. 3 Blackst. Com. 108, n. 14; Percival v. Hickey, 18 Johns. 257; Doanes Adm. v. Peiihattow 1 Dali. 218. As instance courts they are governed by one system of laws, and as prize courts by another system. 3 Blackst. Com. 108. The instance court is governed by the civil law, the laws of Oleron…
1Opinion of the CourtCorliss, J.
Although the steamer Eclipse has for years lain at the bottom of the Missouri river, the litigation connected with her shows no signs of decadence. 4 Dak. 218, 30 N. W. 159; on appeal, 135 U. S. 599, 10 Sup. Ct. 873; 1 N. D. 455, 48 N. W. 354; 1 N. D. 475, 48 N. W. 361; 2 N. D. 57, 49 N. W. 419; 3 N. D. 365, 56 N. W. 133. In this case Capt. Braithwaite is seeking to recover damages for breach of an undertaking given by defendants *202on appeal from the District Court to the Supreme Court of the Territory of Dakota, from a judgment rendered in a proceeding in admiralty instituted to try his title…
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