Jennings v. Brig Perseverance
Supreme Court of the United States
THIS was a writ of error to remove the proceedings in an admiralty caufe from the Circuit Court for the dif-tncf of Rhode IJland. Soon after the decree was there' pronounced the Diftridf Judge died, and Judge Chase had left the diftridf ; fo that the record was lent up with all the evidence annexed, but no ftatement of .fatfts by the court.
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THIS was a writ of error to remove the proceedings in an admiralty caufe from the Circuit Court for the dif-tncf of Rhode IJland. Soon after the decree was there' pronounced the Diftridf Judge died, and Judge Chase had left the diftridf ; fo that the record was lent up with all the evidence annexed, but no ftatement of .fatfts by the court. In—_ lifted, that .the Plaintiff could not go into a confideration of errors in facf; and,’that the rules eftabliihed in the cafes of [Vifcart v. D'Auchy (ant. p. 321.) Pintado v. Bernard, and the UnitedStatesv. La Vengeance,[ant. p.) wereconclufive. They,…
1Opinion of the Court
*337.Paterson, Juflice
Though I was filent on the occa-fion, I concurred in' opinion with Judge Wilfon upon the fe-Cond rule laid down in Wifcart v. D’Auchy; and, of courfe, the court were divided, four to two, upon the decifion. I thought, indeed, that excluding a confideration of the evidence ( which, virtually, amounts to a ftatemenf of fails) Was-Shutting the door againit light and truth ; and was,leaving the property of the country too much to the difcretion and judgment of a'fingle Judge. But conceiving myfelf bound by the rule, and that, in fome ihape, the fails.mull be made to appear on…
2Cited by9 opinions
- Dr. Joseph T. Skehan v. Board of Trustees of Bloomsburg State CollegeCourt of Appeals for the Third Circuit · 1976
- Dower v. RichardsSupreme Court of the United States · 1894
- United States v. KingSupreme Court of the United States · 1849
- Edye v. RobertsonU.S. Circuit Court for the District of Eastern New York · 1883
- Inhabitants of Brunswick v. Inhabitants of LitchfieldSupreme Judicial Court of Maine · 1822
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