|
|
Ex Parte Muir, 254 U.S. 522 (1921)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ex Parte Muir, 254 U.S. 522 (1921)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 254 U.S. 513, click here.
Ex Parte Muir No. 18, Original Argued January 7, 1919 Decided January 17, 1921 254 U.S. 522
PETITION FOR A WRIT OF PROHIBITION AND/OR
FOR A WRIT OF MANDAMUS
Syllabus
1. Over a privately owned ship, arrested in the District, and a libel for damages due to a collision alleged to have resulted from negligence of the owner’s agents, the district court has prima facie jurisdiction, and a mere allegation that the ship is an admiralty transport in the service of a foreign government is not enough to establish her immunity. P. 532.
2. A foreign government is entitled to appear in the district court and propound its claim to a vessel in a libel suit upon the ground that the status of the vessel is public and places it beyond the jurisdiction, or its accredited representative may appear in its behalf, or its claim, if recognized by our executive department, may be presented to the court by a suggestion made by or under authority of the Attorney General, but the public status of the ship, when in doubt, cannot be determined upon a mere suggestion of private counsel appearing as amicus curiae in behalf of the embassy of the foreign government. P. 532.
3. This Court, in it discretion, may decline to issue the writs of prohibition and mandamus to prevent exercise of jurisdiction by the district court in an admiralty proceeding where the jurisdiction is merely in doubt and the state of the case is such that the question may well be reconsidered by the district court and on appeal. P. 534.
Rule discharged and petition dismissed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Muir, 254 U.S. 522 (1921) in 254 U.S. 522 254 U.S. 523–254 U.S. 527. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=5JFXTUE39UDGS4D.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Muir, 254 U.S. 522 (1921), in 254 U.S. 522, pp. 254 U.S. 523–254 U.S. 527. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5JFXTUE39UDGS4D.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Muir, 254 U.S. 522 (1921). cited in 1921, 254 U.S. 522, pp.254 U.S. 523–254 U.S. 527. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=5JFXTUE39UDGS4D.
|