Nickels v. Griffin

Concurring opinion of

Lewis, Associate Justice.

It is insisted by the appellee that this cause must be heard in this court upon the same evidence on which it was heard in the district court.

If this court occupies the position of a circuit court of the United States when exercising jurisdiction in admiralty, it is competent to hear further proofs.

The question as to the status of these courts has been much discussed.

It seems, however, that the late case of Clinton vs. Englebrecht has definitely settled this question, wherein it is held following the case of Am. Ins. Co. vs. Canter in 1 Peters,…