UNITED STATES
v.
PHELPS

U.S. | 1882-10-01
107 U.S. 320 Supreme Court of the United States (1882) Negative Treatment
Also reported at: 27 L. Ed. 505 · 2 S. Ct. 389 · 1882 U.S. LEXIS 1222 · SCDB 1882-162
Cited by 2 cases

Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

Section 2928 of the Revised Statutes, a re-enactment of sect. 21 of the act of March 1, 1823, c. 21, relates alone to merchandise taken from a wreck, and does not in any manner affect the proceedings under sect. 2927, a ré-enactmént of sect. 52 of the act of March 2, 1799, c. 22, to obtain an appraisement for an abatement of duties on account of damages to goods during the voyage of. importation. What -was said in Shelton v. The Collector, 5 Wall. 113, 118, to the contrary of this is disapproved. The subject is so fully and carefully considered in the opinion of the court below, that we deem it unnecessary to do more than to refer to the report of the case in 20 Blatchf. 129.

Judgment affirmed.


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Cited By

  • Burnet v. Coronado OIL & GAS Co., 285 U.S. 393 (U.S. 1932)
    …United States, 277 U. S. 438, 466); Roberts v. Lems, 153 U. S. 367, 377, overruling Giles v. Little, 104 U. S. 291; Kountze v. Omaha Hotel Co., 107 U. S. 378, 387, overruling Stafford v. Union Bank of Louisiana, 16 How. 135; United States v. Phelps, 107 U. S. 320, 323, overruling Shelton v. The Collector, 5 Wall. 113, 118; Hornbuckle v. Toombs, 18 Wall. 648, 652, 653, overruling Orchard v. Hughes, 1 Wall. 77, Noonan v. Lee, 2 Black 499, and Dunphy v. Kleinsmith, 11 Wall. 610; Mason v. Eldred, 6 Wall. 231, 23…

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