The Mabey
Supreme Court of the United States
On motion. Atkins had libelled the steam tug Mabey in the District Court at New York, for injury doné by the Mabey to a vessel of his, then in New York harbor. The District Court decreed in his favor, and the Circuit Court affirmed the decree. The owner of the Mabey appealed to this court; and Mr. T. M. Wheeler, in his behalf, now moved the court for a commission to take further evidence to be read in this court on the hearing.
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On motion. Atkins had libelled the steam tug Mabey in the District Court at New York, for injury doné by the Mabey to a vessel of his, then in New York harbor. The District Court decreed in his favor, and the Circuit Court affirmed the decree. The owner of the Mabey appealed to this court; and Mr. T. M. Wheeler, in his behalf, now moved the court for a commission to take further evidence to be read in this court on the hearing. The affidavits on which the motion was founded gave the names of several witnesses represented as residing in New- York and Brooklyn, and swore that a they were…
1Opinion of the CourtJustice Nelson
No excuse is shown in the papers, on which the motion is founded, why the witnesses named, and proposed to be examined,, were-not examined in some one of the courts below before the hearing there. The affidavit simply states that the testimony of these witnesses is material,.as advised by counsel.
This is not in accordance with the practice of the court. Some excuse, satisfactory to this court, should be shown for the failure to examine them in the courts below, such as that the evidence was discovered when it was too late to procure such examination, or that the witnesses had been subpoenaed…
2Cases cited3 opinions
- The Mary AnnSupreme Court of the United States · 1823
- Brig Caroline, William Broadfoot v. The United StatesSupreme Court of the United States · 1813
- Coffin v. JenkinsU.S. Circuit Court for the District of Massachusetts · 1844
3Cited by17 opinions
- Black v. WoodrowCourt of Appeals of Maryland · 1874
- North Pac. Coast R. Co. v. HallCourt of Appeals for the Ninth Circuit · 1905
- Munson S. S. Line v. Miramar S. S. Co.Court of Appeals for the Second Circuit · 1909
- Lewis v. TrantCourt of Appeals for the First Circuit · 1894
- The HermosaCourt of Appeals for the Ninth Circuit · 1932
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