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· 2/28/1921

The Pesaro

Citations

  • 255 U.S. 216
  • 41 S. Ct. 308
  • 65 L. Ed. 592
  • 1921 U.S. LEXIS 1812

Syllabus

<p>1. A decree in admiralty releasing a vessel finally from arrest, in a suit in rem,.upon the ground of her immunity to the process of the court, but not in terms dismissing the libel, is final. P. 217.</p> <p>2. Whether from the jurisdiction over “all civil cases'of •'admiralty and maritime jurisdiction,” Jud. Code, § 24, cl. 3, there is an implied exception of trading vessels owned and possessed by foreign powers, is a jurisdictional question, in the sense ,of Jud. Code, § 238, governing appeals to this court from the District Courts. P. 218. .</p> <p>3. A suggestion that a vessel, arrested in admiralty, is owned and • possessed by a foreign country and is, therefore, beyond the jurisdiction of the District Court, cannot be entertained if made by the ambassador of that.country directly and not through the official channels.of oúr government! Id.. Ex parte Muir, 254 U. S. 522,</p>

Judges: Van Devanter

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