Legal Opinion

The Venus

Supreme Court of the United States

Decided March 18, 1816PublishedCited by 3 opinions

Appeal from, the. decree of the circuit court for the district of Georgia. This ship having, taken in a cargo at Londpn, proceeded to. Portsmouth, and from thence, on the 12th of April, 1814, sailed for St. Bartholomews, under convoy of a British ship of war. From St. Bartholomews she sailed for the Havannah, but on her passage thither was.'captured.ánd sent.into the island of St. Thomas, for adjudication, by a British cruiser.

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Appeal from, the. decree of the circuit court for the district of Georgia. This ship having, taken in a cargo at Londpn, proceeded to. Portsmouth, and from thence, on the 12th of April, 1814, sailed for St. Bartholomews, under convoy of a British ship of war. From St. Bartholomews she sailed for the Havannah, but on her passage thither was.'captured.ánd sent.into the island of St. Thomas, for adjudication, by a British cruiser. Upon being released from this detention, she abatídoned her destination for the Havannah, and was proceeding to Amelia Island, when she was captured by the flotilla…

1Opinion of the CourtStory, J.

Until the cause is heard, farther proof cannot be admitted.

Marshall, Ch. J. If, upon the Opening, it, appears to be a case for farther proof,- then if may be admitted instanter, unless, indeed, the court should be of thé opinion that the Captors ought to be allowed to produce farther proof also. The'cause is before us as if in the inferior court*

Charletón. We contend that it is a case entitled to farther proof, and that there is no circumstance of fraud or mala fides to preclude it,

The Attorney General, contra. It is incumbent, upon the claimant to make out his title by competent testimony,…

2Cases cited5 opinions

  1. Pipes v. GarrettSupreme Court of Louisiana · 1841
  2. Cox v. BrashearSupreme Court of Louisiana · 1842
  3. Gallier v. WalshSupreme Court of Louisiana · 1842
  4. Brown's Executors v. Copley & JessupSupreme Court of Louisiana · 1841
  5. Gasquet v. VeederSupreme Court of Louisiana · 1841

3Cited by3 opinions

  1. Souter v. BaymoreSupreme Court of Pennsylvania · 1847
  2. Devon A. Phillips v. Kern County Sheriff Department, et al.District Court, E.D. California · 2026
  3. Stalbird v. BeattieSupreme Court of New Hampshire · 1858

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