Transportes Maritimos Do Estado v. Almeida, 265 U.S. 104 (1924)

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Transportes Maritimos do Estado v. Almeida

No. 265

Submitted April 30, 1924
Decided May 12, 1924
265 U.S. 104

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. The defense of sovereign immunity by a defendant in the district court does not present a question of federal jurisdiction reviewable here on direct appeal. Oliver American Trading Co. v. United States of Mexico, 264 U.S. 440. P. 105.

2. This is equally true whether the claim of immunity be contested because of the character of the defendant or because the immunity is alleged to have been waived. Id.

Writ of error dismissed and cause transferred.

Error to a judgment of the District Court for the plaintiff, Almeida, in his action for wages as a seaman.