United States v. Stone
Supreme Court of the United States
ON a certificate of division from .the Circuit Court for the Southern District of New York. ■ An action of debt was instituted in the District Court for the Southern District of New York, by the United States against the defendant, as master of the steamboat New York, to recover- the penalty of three hundred dollars imposed by the ninth section of the act of Congress, of the 7th'of July, 1838, entitled, “An act for the better security of the lives of passengers on board…
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ON a certificate of division from .the Circuit Court for the Southern District of New York. ■ An action of debt was instituted in the District Court for the Southern District of New York, by the United States against the defendant, as master of the steamboat New York, to recover- the penalty of three hundred dollars imposed by the ninth section of the act of Congress, of the 7th'of July, 1838, entitled, “An act for the better security of the lives of passengers on board vessels propelled in whole or in part by steam.” The cause was tried in the District Court, in June, 1839. On- the trial of…
1Opinion of the CourtChief Justice Taney
The Court have examined the record in this case, and it is evident that in the form in which it comes before us, we have no jurisdiction.
The suit appears to have been brought in the District Court, and to have been carried origin that Court until a verdict was rendered. It was then by consent of counsel transferred to the Circuit Court, precisely in the state in which it then was; and a division of opinion then entered, pro forma, to send the casé to this Court.
All of this appears on the record; and is exceedingly irregular. The suit was brought originally in the District Court, and the…
2Cited by14 opinions
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- The Steamer Oregon v. RoccaSupreme Court of the United States · 1856
- Wheeler Lumber Bridge & Supply Co. v. United StatesSupreme Court of the United States · 1930
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