United States vs. Schooner Emperor

United States vs. Schooner Emperor

Lower Court

  • United States Supreme Court

Date

  • 1839

Box

  • 476

Folder

  • 864

Transcript

On the motion Docket for further considerations.

And on the same day affidavit of Thomas H. Duval was filed as in the following words to wit.

The United States v. Schooner Emperor } libel for Forfeiture, Appeal from Western District

Court of Appeals

Dismissed

On motion to reinstate said case, Thomas H. Duval, esq. being duly sworn deposeth and with that he was Clerk of said Court of appeals where said record was filed in Court that he took said record out of the post office on the 27[th] day of December 1837 and filed the same in said Court. That said record now in three parts was when is satisfied said record was not altered or obliterated or falsified whilst in his custody as such clerk. That said envelope was postmarked by a stamp purporting to belong to the post office at Pensacola as [?] believes. - Thomas H. Duval

January 24, 1830

Sworn to before me the 25[th] day of January 1839- R. Wellford, Clerk

And on another day to wit on the fourth day of February 1830 on motion of the District Attorney to reinstate the foregoing case, after argument it is ordered by the court that the same be reinstated upon the docket.

And at another day to wit on the 13[th] day of February 1830 this cause was partly heard upon the transcript of the record of the decree aforesaid and is continued until tomorrow for a further hearing thereof.

And on the next day to wit on 16[th] day of February 1839. This cause was fully heard upon the transcript of the record of the decree aforesaid but because the Court are not yet advised of its judgment to be given in the premises time is taken to consider thereof.

And now on this day to wit, on the said 18[th] day of February came the parties by their proctors, whereupon the court having maturely considered the transcript of the record of the decree aforesaid it seems to the Court here that there is error in said decree. It is therefore ordered that the same be reversed annulled and set aside, and that the appellant recover of the appellee its costs about its suit in this behalf expended. And it is further ordered that the Schooner Emperor, her tackle apparel etc. be condemned and forfeited and the proceeds thereof in the registry of this court to be distributed according to law.

Opinion

The United States vs. Schooner Emperor } In admiralty

The proceeding against the vessel is had under the act