CANAL STEEL WORKS, INC.,
v.
ONE DRAG LINE DREDGE
Appellant filed a libel in rem against a dredge, asserting a lien for repairs. Admiralty process issued, and the dredge was seized and taken into custody by the marshal. The District 'Court determined that the dredge was not a vessel engaged in a maritime venture when the debt was incurred, and dismissed the libel for want of jurisdiction in admiralty. The dredge was neither released on bond nor sold, and remained in the custody of the court until the libel was dismissed. Appellant appealed, but did not sue out a supersedeas, and gave bond only for costs. Appellee has filed a motion to dismiss on the ground that the case is moot.
We need not consider the merits. By the failure of appellant to obtain a supersedeas, the seizure was released, and there is now no subject-matter upon which the judgment of this court could operate and give relief to appellant. The ease has become moot. Heitmuller v. Stokes, 256 U. S. 359, 41 S. Ct 522, 65 L. Ed. 990; Brownlow v. Schwartz, 261 U. S. 216, 43 S. Ct. 263, 67 L. Ed. 620; Norwegian Co. v. Tariff Com., 274 U. S. 106, 47 S. Ct. 499, 71 L. Ed. 949; U. S. v. Anchor Coal Co., 279 U. S. 812, 49 S. Ct. 262, 73 L. Ed. 971. Case dismissed; appellant to pay costs.
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Point Landing, Inc. v. Ala. DRY Dock & Shipbuilding Co., 261 F.2d 861 (5th Cir. 1958)
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Am. Bank OF Wage Claims v. Registry OF the Dist. Court OF Guam, 431 F.2d 1215 (9th Cir. 1970)
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brownlow v. Schwartz, 261 U.S. 216 (U.S. 1923)
- Heitmuller v. Stokes, 256 U.S. 359 (U.S. 1921)
- Sampere v. New Orleans, 279 U.S. 812 (U.S. 1929)
- United States v. Anchor Coal Co., 279 U.S. 812 (U.S. 1929)
- United States Ex rel. Norwegian Nitrogen Prods. Co., Inc. v. United States Tariff Comm'n, 274 U.S. 106 (U.S. 1927)