The Townsend
Court of Appeals for the Second Circuit
1Opinion of the CourtSwan, Circuit Judge
(after stating the
facts as above). The claimant of'the tugs took no appeal from the interlocutory decree in favor of the libelant; it seeks now, on the theory that this is a trial de novo, to raise the question of liability. Naturally no appeal was taken by the claimant from the final decree dismissing the libel, and no error has been assigned by the appellee to any part of the record. The libelant’s appeal, however, brings up the whole ease for a trial de novo; consequently this court may determine every issue raised by the pleadings, and, without regard to the interlocutory decree below,…
2Cases cited8 opinions
- Standard Oil Co. of NJ v. Southern Pacific Co.Supreme Court of the United States · 1925
- Reid v. FargoSupreme Court of the United States · 1916
- Irvine v. the HesperSupreme Court of the United States · 1887
- Munson S. S. Line v. Miramar S. S. Co.Court of Appeals for the Second Circuit · 1909
- The M. E. LuckenbachDistrict Court, E.D. New York · 1912
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3Cited by2 opinions
- McLain Lines, Inc. v. The Ann Marie TracyCourt of Appeals for the Second Circuit · 1949
- The Maurice R.District Court, E.D. New York · 1932