Merrill v. Petty
Supreme Court of the United States
On motion to dismiss an appeal from the Circuit Court for the Southern District of New York, the case was thus: A schooner (the Mary Eveline) sailing down Hell Gate (towards New York), came into collision with a sloop (the Ethan Allen) sailing up (towards Connecticut), and sunk' her. The owners of each vessel blamed the officers and crew of the other, and sought respectively relief in admiralty.
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On motion to dismiss an appeal from the Circuit Court for the Southern District of New York, the case was thus: A schooner (the Mary Eveline) sailing down Hell Gate (towards New York), came into collision with a sloop (the Ethan Allen) sailing up (towards Connecticut), and sunk' her. The owners of each vessel blamed the officers and crew of the other, and sought respectively relief in admiralty. The owners of the sloop which had been sunk, accordingly filed a libel, in rem, against-the schooner in the Southern District of New York, claiming $3489; while there being no res for the owners of…
1Opinion of the Court
Mi'- Justice CLIFFORD
delivered the opinion of the court.
Power to re-examine the decrees of the Circuit Courts, removed there by appeal from the District Courts, was con ferred upon this court by the 22d section of the Judiciary Act, where the matter in diépute exceeds the sum or váíue of $2000, exclusive of costs. 'Such decrees, howeyer, could only be removed here under that act by. virtue of a writ of error, but the subsequent act allowing the removal to be made bjT appeal in cases of equity, of admiralty, and maritime jurisdiction, and.of prize or no prize, contains.the same limitation…
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