Legal Opinion

The Nymph

U.S. Circuit Court for the District of Maine

Decided May 15, 1834PublishedCited by 16 opinions

[Appeal from the district court of the United States for the district of Maine.] This was the case of a libel of seizure against the Nymph, a vessel licensed for the cod fisheries [Bibbord, claimant]. And the charges were: (1st.) That during the continuance of the license the schooner was employed in a trade other than that for which she was licensed, contrary to the 32d section of the coasting act of 1793 [1 Story’s Laws, 285] c. 52 [8]; (2d.) that during the same period…

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[Appeal from the district court of the United States for the district of Maine.] This was the case of a libel of seizure against the Nymph, a vessel licensed for the cod fisheries [Bibbord, claimant]. And the charges were: (1st.) That during the continuance of the license the schooner was employed in a trade other than that for which she was licensed, contrary to the 32d section of the coasting act of 1793 [1 Story’s Laws, 285] c. 52 [8]; (2d.) that during the same period she proceeded on a foreign voyage, without first giving up her enrolment and license, contrary to the 8th section of the…

1Opinion of the Court

STORY, Circuit Justice.

There are in this case two points; one of law, upon which, having been fully argued, the court will now pronounce its opinion; and the other of fact, which will be open for argument at a future term, if in the mean time the cause is not otherwise disposed of. The schooner was duly licensed in October, 1832, to be employed in the cod fishery, pursuant to the coasting and fishery act of 1793, c. 52 [1 Story's Laws, 285; 1 Stat. 310, ch. 8]. And the allegation made at the bar is, that she was during the existence of that license employed in the mackerel fishery, which, it…

2Cited by16 opinions

  1. Atlantic Cleaners & Dyers, Inc. v. United StatesSupreme Court of the United States · 1932
  2. United States v. National Ass'n of Real Estate BoardsSupreme Court of the United States · 1950
  3. Brookins Ex Rel. Gotcher v. MoteMontana Supreme Court · 2012
  4. Marjorie Webster Junior College, Inc. v. Middle States Ass'n of Colleges & Secondary Schools, Inc.District Court, District of Columbia · 1969
  5. Tatkin v. SUPERIOR COURT OF LOS ANGELES CTY.California Court of Appeal · 1958

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