Chace v. Vasquez

Chace and Others, Appellants, Against Vasquez, the Consul General of Portugal, Respondent

Chace v. Vasquez, 24 U.S. (11 Wheat.) 429 (1826)

Court: Supreme Court of the United States
Decided: February 15, 1826
Citations: 24 U.S. 4296 L. Ed. 51111 Wheat. 4291826 U.S. LEXIS 326

Summary

APPEAL from the Circuit Court of Maryland. The libel in this case was in personam against the owners of the private armed vessel La For-tuna, stated to be owned by American citizens, for the recovery of damages for the illegal seizure, &c. of the Portuguese ship Monte Alegre and cargo, which, by a previous decree of the Court, had been restored to the libellants, no damages having been claimed in the libel in rem.a A decree proforma was taken for the libellants in the Circuit Court, and Commissioners were ordered to be appointed to assess the damages: but the appeal was taken before the Commissioners were appointed, upon the ground that no libel could be sustained in personam, in such cases.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

The Court were of opinion, that the case was embraced by the principle decided in the case of the Palmyra, since an appeal would still lie from the damages when ascertained; but, that, had the decree of the Circuit Court dismissed the libel, such decree would have been final.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

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Relies on it most ⓘ

Ricardo Fotys Caradelis v. Refineria Panama, S. A.384 F.2d 589 (5th Cir. 1967)
L. Joseph Albright v. Unum Life Insurance Company of America and Gte Government Systems Corporation, a Delaware Corporation59 F.3d 1089 (10th Cir. 1995)
Iordanis Anastasiadis v. S.S. Little John339 F.2d 538 (5th Cir. 1965)
ABKCO Music, Inc. v. Harrisongs Music, Ltd.841 F.2d 494 (2d Cir. 1988)
Abkco Music, Inc. v. Harrisongs Music, Ltd., Harrisongs Music, Inc., George Harrison, Apple Records, Ltd., Apple Records, Inc., Broadcast Music, Inc., and Hansen Publications, Inc. v. Abkco Industries, Inc. And Allen Klein, Additional Parties With Respect to the Counterclaims841 F.2d 494 (2d Cir. 1988)
McGourkey v. Toledo & Ohio Central Railway Co.146 U.S. 536 (1892)

Most recent

L. Joseph Albright v. Unum Life Insurance Company of America and Gte Government Systems Corporation, a Delaware Corporation59 F.3d 1089 (10th Cir. 1995)
Abkco Music, Inc. v. Harrisongs Music, Ltd., Harrisongs Music, Inc., George Harrison, Apple Records, Ltd., Apple Records, Inc., Broadcast Music, Inc., and Hansen Publications, Inc. v. Abkco Industries, Inc. And Allen Klein, Additional Parties With Respect to the Counterclaims841 F.2d 494 (2d Cir. 1988)
ABKCO Music, Inc. v. Harrisongs Music, Ltd.841 F.2d 494 (2d Cir. 1988)
Ricardo Fotys Caradelis v. Refineria Panama, S. A.384 F.2d 589 (5th Cir. 1967)
Iordanis Anastasiadis v. S.S. Little John339 F.2d 538 (5th Cir. 1965)
Postal Tel. Cable Co. v. Southern Ry. Co.90 F. 211 (1898)

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