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The Pesaro, 255 U.S. 216 (1921)
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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.
The Pesaro, 255 U.S. 216 (1921)
The Pesaro No. 317 Argued January 26, 27, 1921 Decided February 28, 1921 255 U.S. 216
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
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.
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.
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 our government. Id., Ex parte Muir, 254 U.S. 522.
Reversed.
This was a direct appeal to review a decree of the district court dismissing a libel in rem for want of jurisdiction over the ship. The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," The Pesaro, 255 U.S. 216 (1921) in 255 U.S. 216 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=NXFUIQVW45HZVNC.
MLA: U.S. Supreme Court. "Syllabus." The Pesaro, 255 U.S. 216 (1921), in 255 U.S. 216, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=NXFUIQVW45HZVNC.
Harvard: U.S. Supreme Court, 'Syllabus' in The Pesaro, 255 U.S. 216 (1921). cited in 1921, 255 U.S. 216. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=NXFUIQVW45HZVNC.
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