United States v. Freights of S.S. Mount Shasta, 274 U.S. 466 (1927)

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 274 U.S. 445, click here.

United States v. Freights of S.S. Mount Shasta

No. 267

Argued April 14, 1927
Decided May 31, 1927
274 U.S. 466

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

Syllabus

1. A decree of the district court dismissing a suit for want of admiralty jurisdiction was appealable to this Court under Jud.Code § 238. P. 469.

2. A suit in admiralty to enforce a shipowner’s lien on sub-freights of the ship may be brought in rem against such freights in the district where the debtor resides. P. 470.

3. The jurisdiction is not ousted by an answer denying that such freights are due. P. 471.

4. Jurisdiction in rem in admiralty is determined by the allegations of the libel. It may be defeated upon the trial by proof that the res does not exist. P. 471.

291 F. 92 reversed.

Appeal from a decree of the district court dismissing a libel in admiralty for want of jurisdiction.