THE LUCILLE
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In this admiralty appeal, the Supreme Court held that a Circuit Court decree was not final and appealable because it failed to specify the exact amount the successful party was to recover, instead requiring reference to the District Court's record to determine the sum owed. The Court established that admiralty decrees must be complete and self-contained, with all material terms including the judgment amount determined by the court itself rather than left for computation by clerks or reference to other courts' records.
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Mr. Justice MILLER delivered the opinion of the court.
Whatever may be the merit of the objection on which the motion is founded, namely, that the above decree is not for an amount exceeding $2000, we are of opinion that there is not a final decree from which an appeal can be taken to this court, and that this appeal must for that reason be dismissed.
An appeal in admiralty has the effect to supersede and vacate the decree from which it is taken. A new trial, completely and entirely new, with other testimony and other pleadings, if necessary, or, if asked for, is contemplated, — a trial in which the judgment of the court below is regarded as though it had never been rendered. A new decree is to be made in the Circuit Court. This decree is to be enforced by the order of that court, and the record remains there. The case is not sent back to the District Court for executing the decree, or for any other proceeding whatever, and that court has nothing further to do with it. The decree should, therefore, be complete within itself. In the case before us, the decree fixes no sum which the successful party is to recover. If any process is to be issued to enforce it, the clerk must from the record of the District Court ascertain the amount, or he can issue no such process. But this is the duty of the court, and not the clerk. It may be said'tbat it is, in such case as this, a mere matter of computation, and’ in some cases it may be. But the one before us shows that it is not always so, for the only question argued by counsel on this motion is, whether the judgment affirmed is for $2000 or $2100 — for the amount after the remittitur or before. No final decree of a court which enforces its own judgments ought to be left in such condition that the record of another court is the only evidence of the amount recovered by the successful party. An order affirming a decree in another court is neither in express terms nor by necessary implication a judgment or decree for the amount of the judgment or decree in that court. The costs of the lower court, and the interest on its judgment to the date of the decree or judgment on appeal, are to be added to it, and, though they may be computed by tbe clerk, they should have the judicial consideration of the court. According to these views, there is no final decree such as the law intends in the Circuit Court in this case, and the appeal is
Dismissed.
Mr. Justice CLIFFORD dissented.
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State ex rel. Ephraim Pleasure v. McClellan, 25 Fla. 88 (Fla. 1889)
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Liverpool & Great W. Steam Co. v. Phenix Ins. Co., 129 U.S. 397 (U.S. 1889)
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The Charles Morgan, 115 U.S. 69 (U.S. 1885)…causes of admiralty .and maritime jurisdiction, “new counts may be filed, and amendments, in matters of substance, may be made, upon motion, at any time before the final decree, upon such terms as the court shall impose.” 3 How. xiv. In The Lucille, 19 Wall. 73, 74, it was decided that an appeal in admiralty from' the District to the Circuit Court “has the effect to supersede and. vacate the decree from which it was taken. A new trial, completely and entirely new, with other testimony and other pleadings,…
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