Supreme Court of the United States, 1860

Clifton v. Sheldon

Supreme Court of the United States · Decided February 18, 1860 · Nelson

64 U.S. 481; 16 L. Ed. 429; 23 How. 481; 1859 U.S. LEXIS 796 (United States Reports)

Counsel

The motion to dismiss the appeal was argued by Mr. Donohue in support of it, and by Mr. Owen against it., Mr. Donohue's points were the following:, Udall v. the Ohio, 17 How., 17., Olney v. the Falcon, 17 How., 19., Allen v. Newbury, 21 How., 248.

Cases that cite this one

12 later published cases cite this decision.

State v. DeLuna (Ariz. 1974)
Elliot v. Lombard (5th Cir. 1933)
Babcock v. Norton (2d Cir. 1924)
Priest v. Seaman (8th Cir. 1920)
The Bylands (5th Cir. 1916)
State v. Ellison (Ariz. 1974)
Gooding v. Watkins (Court Of Appeals Of Indian Territory 1904)
French v. Peters (Mass. 1901)
Estis v. Trabue (Supreme Court of the United States 1888)
Gibson v. Shufeldt (Supreme Court of the United States 1887)
Davie v. Heyward (U.S. Circuit Court for the District of South Carolina 1887)
Nickerson v. Meacham (United States Circuit Courts 1883)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Mr. Justice NELSON

delivered the opinion of the court.

This is an appeal from a decree of the Circuit Court of the United States for the southern district.of New York, in admiralty. A motion has been made, on the part of the. appellee, to dismiss the appeal, for the want of jurisdiction.

A libel was filed by Clifton, in the District Court, to recover freight on'the two hundred and sixty-nine bales of cotton and nine bags of wool. Brower and Sheldon appeared as claimants, and contested the claim for the freight. Brower claimed sixty-seven of the two hundred and sixty-nine bales, and Sheldon two hundred and two bales. The District Court dismissed the libel.

On appeal to the Circuit Court; this decree was reversed, and decree rendered in favor of the libellant for.the amount of the freight, $2,338.06; that J. ~W. Brower, claimant of a portion of' the cotton, pay to the libellant the sum of $583.84, being the freight on the cotton claimed by him in the suit, and that the *484 claimant, W. H. Sheldon, pay for the portion claimed by him the sum of $1,754.22. Sheldon appealed from the decree to this court.

The motion is now made to,- dismiss the appeal, on the ground.that the decree against.Sheldon is'less than $2,000, and which is apparent from a perusal of the decree. The sum decreed against him is only $1,754.22.

. .The freight was separately awarded against the claimants, in proportion to the cotton shipped by each one. The rights of each were distinct and independent. -

But if it were otherwise, and the whole of the freight jointly against the claimants, the appeal must still be dismissed, as then the claimants should have joined in it.

Motion to dismiss granted.'

Case-law data current through December 31, 2025. Source: CourtListener bulk data.