|
|
James Shewan & Sons, Inc. v. United States, 266 U.S. 108 (1924)
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.
James Shewan & Sons, Inc. v. United States, 266 U.S. 108 (1924)
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 266 U.S. 101, click here.
James Shewan & Sons, Inc. v. United States No. 42 Argued October 7, 8, 1924 Decided November 17, 1924 266 U.S. 108
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
The Suits in Admiralty Act of 1920, c. 95, 41 Stat. 525, which was intended to substitute an equivalent remedy against the United States in personam for the right in rem against its merchant vessels permitted by the Shipping Board Act of 1916, c. 451, 39 Stat. 728, provides, (§ 2):
That in cases where if such vessel were privately owned or operated . . . , a proceeding in admiralty could be maintained at the time of the commencement of the action herein provided for, a libel in personam may be brought against the United States . . . provided that such vessel is employed as a merchant vessel. . . .
Held, construing the two acts together, that the proviso does not mean that the vessel, being a merchant vessel, must be actively employed as such when the action is commenced, and that, where a vessel was at all times previously engaged in the mercantile trade, and so engaged when the cause of action arose, the mere fact that she was laid up and out of use when the action in personam began and thereafter did not prevent its maintenance. P. 110.
Reversed.
Appeal under Jud.Code § 238 from a decree of the district court dismissing a libel in personam for want of jurisdiction. See267 U.S. 86.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," James Shewan & Sons, Inc. v. United States, 266 U.S. 108 (1924) in 266 U.S. 108 266 U.S. 109. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=8REJJVPYVWKQ713.
MLA: U.S. Supreme Court. "Syllabus." James Shewan & Sons, Inc. v. United States, 266 U.S. 108 (1924), in 266 U.S. 108, page 266 U.S. 109. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8REJJVPYVWKQ713.
Harvard: U.S. Supreme Court, 'Syllabus' in James Shewan & Sons, Inc. v. United States, 266 U.S. 108 (1924). cited in 1924, 266 U.S. 108, pp.266 U.S. 109. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=8REJJVPYVWKQ713.
|