THE LOUISVILLE, GIBSON, CLAIMANT,
v.
HALLIDAY

U.S. | 1880-04-26
No. 278
154 U.S. 657 Supreme Court of the United States (1880) Positive Treatment
Also reported at: 25 L. Ed. 771 · 1880 U.S. LEXIS 1550 · SCDB 1879-230
Cited by 6 cases
Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court. It is conceded that upon the facts found by the Circuit Court the. decree appealed from was right. That finding is conclusive upon us. The Abbotsford, 98 U. S. 440. No exceptions were taken to the rulings of the court in the progress of the trial.

An appeal in admiralty from the District Court to the Circuit Court vacates the decree appealed from. The case is heard de novo in the Circuit Court, without any regard to what was done below. An entire new decree is entered, which the Circuit Court carries into execution. The cause is not remanded to the District Court. After the suit once-gets into the Circuit Court it is proceeded with substantially in the same way as it would have been if originally begun in that court. The Lucille, 19 Wall. 74; Montgomery v. Anderson, 21 How. 388; Yeaton v. United States, 5 Cranch, 283. Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Dobson v. United States, 31 F.2d 288 (2d Cir. 1929)
    …e pleadings and proofs, just as it was in the District Court before that court acted., This was indeed the rule upon appeals to the Circuit Court. Yeaton v. U. S., 5 Cranch, 281, 3 L. Ed. 101; The Lucille, 19 Wall. 73, 22 L. Ed. 64; The Louisville, 154 U. S. 657,14 S. Ct. 1190, 25 L. Ed. 771. But, although' the general doctrine has not been disturbed, (The John Twohy, 255 U. S. 77, 41 S. Ct. 251, 65 L. Ed. 511), we think that this feature of it has disappeared. Indeed, even before 1891, the decree was not…
    1 / 2
  • The Friendship II. Chambers v. Just, 135 F.2d 520 (5th Cir. 1943)
    …nst appellant, 40% against Mrs. Just, and 10% against Mrs. Wilson. HUTCHESON, Circuit Judge, concurs in the result. Just v. Chambers, 312 U.S. 383, 668, 61 S.Ct. 687, 85 L.Ed. 903. The Louisville (Gibson v. Halliday), 154 U.S. 657, 14 S.Ct. 1190, 25 L.Ed. 771; Reid v. Fargo, 241 U.S. 544, 36 S.Ct. 712, 60 L.Ed. 1156; Brooklyn Eastern District Terminal v. United States, 287 U.S. 170, 53 S.Ct. 103, 77 L.Ed. 240.…

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