The Presto
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana. This is a libel in rem to recover for material and supplies furnished the schooner'yacht Presto.
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Appeal from the District Court of the United States for the Eastern District of Louisiana. This is a libel in rem to recover for material and supplies furnished the schooner'yacht Presto. The claimant filed the following exceptions: “(1) That the court is without jurisdiction, inasmuch as thd service rendered to a vessel of the character of the Presto is not cognizable in a court of admiralty; and because the said Presto is not now, and for a long period of time prior hereto has not been, engaged in commerce and navigation, but, on the confrnry, is a vessel of less than five-tons burden, not…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The exceptions in the district court involved more than the question of jurisdiction, and, although the libel was dismissed in the district court for want of jurisdiction, the question of jurisdiction was not certified. Under these circumstances, and considering McLish v. Hoff, 141 U. S. 661, 12 Sup. Ct. 118, we are of opinion that we may entertain jurisdiction of this appeal, if'the same is properly brought.
Section 13 of the act of congress approved March 3, 3891 (26 Stat. 826), creating the circuit court of appeals and defining its jurisdiction, provides…
2Cases cited7 opinions
- McLish v. RoffSupreme Court of the United States · 1891
- Davidson v. LanierSupreme Court of the United States · 1867
- Fite v. BlackSupreme Court of Georgia · 1890
- Seymour v. FreerSupreme Court of the United States · 1867
- Anson, Bangs, & Co. v. Blue Ridge RailroadSupreme Court of the United States · 1860
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3Cited by5 opinions
- Brinkley v. Louisville & N. R. Co.U.S. Circuit Court for the District of Western Tennessee · 1899
- Reed v. Pennsylvania Co.Court of Appeals for the Sixth Circuit · 1901
- ThomasDistrict Court, E.D. Pennsylvania · 1908
- Great Northern Ry. Co. v. Blaine CountyCourt of Appeals for the Eighth Circuit · 1918
- The George HillCourt of Appeals for the Second Circuit · 1912