Legal Opinion

The Resolute

Supreme Court of the United States

Decided December 6, 1897No. Nos. 135 and 136PublishedCited by 76 opinions

APPEALS EROM THE DISTRICT COURT OE THE DISTRICT OF OREGON. No. 135 was an appeal from the District Court for the District of Oregon, awarding to the libellant, George Dowsett, the sum of $825.50 due to him individually, and the further sum of $358.02 due to him as the assignee of one Tellefson, for wages as seamen upon the tug Eesolute.

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APPEALS EROM THE DISTRICT COURT OE THE DISTRICT OF OREGON. No. 135 was an appeal from the District Court for the District of Oregon, awarding to the libellant, George Dowsett, the sum of $825.50 due to him individually, and the further sum of $358.02 due to him as the assignee of one Tellefson, for wages as seamen upon the tug Eesolute. The tug was engaged in the business of towing vessels and barges on and over the bar between Yaquina Bay and the Pacific Ocean, and the waters tributary thereto, within the District of Oregon. The libel, which was filed on April -26, 1894, was in the ordinary…

1Opinion of the CourtJustice BeowN

The sole question presented by the record in this case is whether the court was correct in assuming jurisdiction of a libel for seamen’s wages, which accrued while the vessel was in the custody of a receiver, appointed by a state court, upon the foreclosure of a mortgage upon the property of the Oregon and Pacific Railroad Company, owner of the tug.

Jurisdiction is the power to adjudicate a case upon the merits, and dispose of it as justice may require. As applied to a suit in rem for the breach of a maritime contract, it presupposes, first, that the contract sued upon is a maritime contract;…

2Cases cited7 opinions

  1. Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
  2. In Re CooperSupreme Court of the United States · 1892
  3. Schunk v. Moline, Milburn & Stoddart Co.Supreme Court of the United States · 1893
  4. In Re FassettSupreme Court of the United States · 1892
  5. Myer v. Car Co.Supreme Court of the United States · 1880

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3Cited by76 opinions

  1. Madruga v. Superior Court of Cal., County of San DiegoSupreme Court of the United States · 1954
  2. The Steamship JeffersonSupreme Court of the United States · 1909
  3. Dutra Group v. BattertonSupreme Court of the United States · 2019
  4. The Belcher Company of Alabama, Inc. v. M/v Maratha Mariner, Her Engines, Tackle, Etc.Court of Appeals for the Fifth Circuit · 1984
  5. Rainbow Line, Inc. v. M/v Tequila (Ex Linglee), Her Engines, Tackle, Boiler, Equipment, Etc. Empire Commercial Corporation, Claimant-AppellantCourt of Appeals for the Second Circuit · 1973

71 more not listed; retrieve them via the Exa API.

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