The Dos Hermanos
Supreme Court of the United States
Appeal from the district court for the Louisiana district. This was the case of a Spanish schooner captured on the 18th of October, 1814, by Mr. Shields, a purser ih the navy, commanding an armed barge, in the sendee, of the United States, ostensibly bound yrith a cargo of crates and dry-goods, on a voyage from Jamaicano Pensacola, but in fact in. pursuance of an asserted change of destination, then in proseeutionof a voyage to New-Orleans.
Read the full summary
Appeal from the district court for the Louisiana district. This was the case of a Spanish schooner captured on the 18th of October, 1814, by Mr. Shields, a purser ih the navy, commanding an armed barge, in the sendee, of the United States, ostensibly bound yrith a cargo of crates and dry-goods, on a voyage from Jamaicano Pensacola, but in fact in. pursuance of an asserted change of destination, then in proseeutionof a voyage to New-Orleans. The schooner was delivered up, and prize proceedings were instituted against the cargo, in the district court for Louisiana district. Upon the return of…
1Opinion of the CourtJustice Story
Before we consider the merits of this claim it may not be unfit to advert to some of the principles applicable to proceedings in prize causes, which seem to have been wholly neglected in the progress of this cause.
It is the established rule in courts of prize, that the evidence to acquit or condemn must, in the first instance, come from the papers and cj-ew of the captured ship. On this account it is the. duty of the captors, as soon as practicable, to bring the ship’s papers into the registry of the , district court, and to have the examinations of the principal officers and seamen of the…
2Cited by31 opinions
- Comitis v. ParkersonU.S. Circuit Court for the District of Eastern Louisiana · 1893
- Oliver v. LakeSupreme Court of Louisiana · 1848
- Adams v. United StatesUnited States Court of Claims · 1911
- Ling v. 1,689 Tons of Coal Lying Aboard S. S. WilhelminaDistrict Court, W.D. Washington · 1942
- (HC) Tran v. ThompsonDistrict Court, E.D. California · 2022
26 more not listed; retrieve them via the Exa API.