Lowe v. The Benjamin
U.S. Circuit Court for the District of Eastern Pennsylvania
[Appeal from the district court of the United States for the Eastern distinct of Pennsylvania.] Lowe had libelled the canal boat Benjamin in the district court. The libel ivas in the ! ordinary form, and set forth, in- the usual general words, “the ebb and flow of the tide within the admiralty and maritime jurisdiction,” &c., and such navigation as was requisite to give the court jurisdiction of the case.
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[Appeal from the district court of the United States for the Eastern distinct of Pennsylvania.] Lowe had libelled the canal boat Benjamin in the district court. The libel ivas in the ! ordinary form, and set forth, in- the usual general words, “the ebb and flow of the tide within the admiralty and maritime jurisdiction,” &c., and such navigation as was requisite to give the court jurisdiction of the case. The answer denied the jurisdiction, and stated such facts as to the course of the vessel’s voyages, and as to the sort of water that she navigated, as, if true, went to oust the…
1Opinion of the Court
GRIER, Circuit Justice.
It is well settled that where a case is dismissed for want of jurisdiction apparent on the face of the record, the court will award costs to neither party; and this for the reason that the court, manifestly having no jurisdiction, cannot inquire into the facts, and of course can give *1017no judgment. While, at the same time, as the parties are in court for the purposes of the suit, the court will order the costs of the motion, as distinguished from costs of the suit or costs generally, to be paid to the party moving. Ex parte Davis, 5 Cow. 33; People v. Judges of Madison…
2Cases cited3 opinions
- Brown v. DelanoMassachusetts Supreme Judicial Court · 1815
- People ex rel. Mallard v. Judges of Madison CountyNew York Supreme Court · 1827
- Ex parte Davis & SowleNew York Supreme Court · 1825
3Cited by4 opinions
- Johns-Manville Corporation and Johns-Manville Sales Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1989
- Muellerweisse v. Pile Driver E. O. A.U.S. Circuit Court for the District of Eastern Michigan · 1894
- Young v. City of FlorenceU.S. Circuit Court for the District of Eastern Louisiana · 1893
- Hazelwood Dock Co. v. PalmerCourt of Appeals for the Third Circuit · 1915