Legal Opinion

Devoe Manufacturing Company

Supreme Court of the United States

Decided May 7, 1883PublishedCited by 27 opinions

ORIGINAL. •Petition for writ of prohibition to the District Court of the United States for the District of New Jersey, proceeding as a court of admiralty. The sole question at issue was whether that court had jurisdiction in admiralty over a vessel afloat but fastened -by a hawser to the end of a dock in the Kill van Kull, between Staten Island-and New Jersey, at a place about three hundred feet distant in the stream from the line of ordinary low-water mark.

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ORIGINAL. •Petition for writ of prohibition to the District Court of the United States for the District of New Jersey, proceeding as a court of admiralty. The sole question at issue was whether that court had jurisdiction in admiralty over a vessel afloat but fastened -by a hawser to the end of a dock in the Kill van Kull, between Staten Island-and New Jersey, at a place about three hundred feet distant in the stream from the line of ordinary low-water mark. I. The office of the writ of prohibition is to prevent an unlawful assumption of jurisdiction. The writ lies .to a court of admiralty…

1Opinion of the CourtJustice Blatohfoed

delivered the opinion of the court..

The question involved in this case is as to the territorial jurisdiction of the District Court of the United States for the District of New Jersey. In April, 1882, a libel in admiralty, in personam, for damages growing out of a collision, was filed in that court against the Devoe Manufacturing. Company, a New York corporation. In October, 1882, process was issued by the court to the marshal, commanding him to cite the respondent if it should be found in the district, and, if it could not be there found, to attach its goods and chattels within the district.…

2Cases cited2 opinions

  1. The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
  2. The People v. . Central R.R. Co. of N.J.New York Court of Appeals · 1870

3Cited by27 opinions

  1. In Re the Louisville UnderwritersSupreme Court of the United States · 1890
  2. Louisiana v. MississippiSupreme Court of the United States · 1906
  3. New Jersey v. DelawareSupreme Court of the United States · 1934
  4. Brown v. C. D. Mallory & Co.Court of Appeals for the Third Circuit · 1941
  5. Barrett v. United States (No. 1)Supreme Court of the United States · 1898

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