The Santa Maria
Supreme Court of the United States
APPEAL from the Circuit Court of Maryland. This cause was formerly before the Court, and the decision then pronounced will be found reported, ante, vol. 7. p. 490. The claim of Mr. Burke, as a bones fidesi purchaser, was then rejected, upon the ground of the illegality of the original capture, it having been made in violation of the Neutrality of the United States; and a general decree of restitution was awarded in favour of the libellant, suing in his official character as…
Read the full summary
APPEAL from the Circuit Court of Maryland. This cause was formerly before the Court, and the decision then pronounced will be found reported, ante, vol. 7. p. 490. The claim of Mr. Burke, as a bones fidesi purchaser, was then rejected, upon the ground of the illegality of the original capture, it having been made in violation of the Neutrality of the United States; and a general decree of restitution was awarded in favour of the libellant, suing in his official character as the Consul of Spain, for the benefit of the original owners. A mandate issued from this Court to the Court below, to…
1Opinion of the CourtJustice Story
Several preliminary questions have been argued, which must be dispósed of before the Court, can entertain any question upon the me rits of these claims ; and if disposed of one way, they put an end to the controversy.
In the first place, it is asserted, that Mr Burke is a malae jidei claimant, entitled to no favour whatever; and by reference to the original proceedings, will be found & party to the wrongful capture ánd detention of the property. And. the first question,, therefore, that arises, is, whether upon, this appeal the Court can look into those proceedings for the purpose of…
2Cases cited3 opinions
- Himely v. RoseSupreme Court of the United States · 1809
- Savage v. GulliverMassachusetts Supreme Judicial Court · 1808
- The DianaSupreme Court of the United States · 1818
3Cited by66 opinions
- Briggs v. Pennsylvania RailroadSupreme Court of the United States · 1948
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Roberts v. CooperSupreme Court of the United States · 1858
- Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
- Thornton v. CarterCourt of Appeals for the Eighth Circuit · 1940
61 more not listed; retrieve them via the Exa API.