The New England
U.S. Circuit Court for the District of New Hampshire
[Appeal from the district court of the United States for the district of New Hampshire.] This was a suit in rem for salvage brought [by the Kennebeck & Boston Steam Navigation Company] against the steamboat New England; upon which a decree for salvage was rendered by the district court at the September term, 1838. [Case unreported.] But it was ascertained, after the final adjournment of the court, that by a mistake of the time, nature, and operation of the decree, the…
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[Appeal from the district court of the United States for the district of New Hampshire.] This was a suit in rem for salvage brought [by the Kennebeck & Boston Steam Navigation Company] against the steamboat New England; upon which a decree for salvage was rendered by the district court at the September term, 1838. [Case unreported.] But it was ascertained, after the final adjournment of the court, that by a mistake of the time, nature, and operation of the decree, the benefit intended by it to the salvors was wholly defeated, and they were actually bur-thened • with expenses beyond the…
1Opinion of the Court
STORY, Circuit Justice.
The present case presents some points, which have not been hitherto decided in this court, and have some novelty both in their principle and application. I have, therefore, taken time to consider the case with reference to the different forms, in which these points have been brought before the court. I have no doubt whatsoever, if the district .court, in a case of admiralty and maritime jurisdiction refuses to entertain the cause, or to pronounce a decree, or to allow an appeal from a decree, when interposed according to the rules prescribed by the court, or justified…
2Cited by9 opinions
- Thompson v. McIntoshDistrict Court, E.D. New York · 1900
- Hall v. ChisholmCourt of Appeals for the Sixth Circuit · 1902
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- The AstorianCourt of Appeals for the Ninth Circuit · 1932
- Jackson v. MunksU.S. Circuit Court for the District of Washington · 1893
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