Braithwaite v. Jordan
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. Action by William Braithwaite against W. B. Jordan and others on an appeal bond. From a judgment sustaining a demurrer to the complaint, plaintiff appeals. Courts of admiralty exercise a dual jurisdiction (a) as instance courts, (b) as prize courts. 3 Blackst.
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Appeal from District Court, Burleigh County; Winchester, J. Action by William Braithwaite against W. B. Jordan and others on an appeal bond. From a judgment sustaining a demurrer to the complaint, plaintiff appeals. Courts of admiralty exercise a dual jurisdiction (a) as instance courts, (b) as prize courts. 3 Blackst. Com. 108, n. 14; Percival v. Hickey, 18 Johns. 257; Doanes Adm. v. Peiihattow 1 Dali. 218. As instance courts they are governed by one system of laws, and as prize courts by another system. 3 Blackst. Com. 108. The instance court is governed by the civil law, the laws of Oleron…
1Opinion
ON APPLICATION FOR REHEARING.
Corliss, J.
On the application for rehearing, the opinion of the court has been attacked with such ability and earnestness by the counsel for defendants, who has laid under tribute, to strengthen his argument, so wide a field of juridical learning, that, despite the length of the original opinion, we feel constrained to state our reasons for not agreeing with him with respect to the new points he has presented. He seems to concede that we are correct in our view that the territorial statutes did not govern the appeal in the admiralty case. But he contends that such…
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