Clifton v. Sheldon

John Clifton, Claimant of the Brig Water Witch, Her Tackle, &C., Appellant, v. William H. Sheldon

Clifton v. Sheldon, 64 U.S. (23 How.) 481 (1860)

Court: Supreme Court of the United States
Decided: February 18, 1860
Judges: Nelson
Citations: 64 U.S. 48116 L. Ed. 42923 How. 4811859 U.S. LEXIS 796

Headnotes

Where a decree was made by the Circuit Court, sitting in admiralty, that two persons should pay freight, one in the sum of $583.84, and the other in the sum of $1,754.22, and the latter only appealed to this court, the appeal must be dismissed, as the amount in controversy is less than $2,000. The rights of the two were distinct and independent; but if the freight be con sidered a joint matter, both should have joined in the appeal.

Summary

This was an appeal from the Circuit Court of the United States for the southern district of New York. The facts are stated in the opinion of the Court.

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

Opinion — Nelson

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.'

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 ⓘ

The Bylands231 F. 101 (5th Cir. 1916)
Babcock v. Norton5 F.2d 153 (2d Cir. 1924)
Priest v. Seaman266 F. 844 (8th Cir. 1920)
Elliot v. Lombard66 F.2d 662 (5th Cir. 1933) · Dissent
Gibson v. Shufeldt122 U.S. 27 (1887)
Estis v. Trabue128 U.S. 225 (1888)

Most recent

State v. Ellison526 P.2d 706 (Ariz. 1974)
State v. DeLuna520 P.2d 1121 (Ariz. 1974)
Elliot v. Lombard66 F.2d 662 (5th Cir. 1933) · Dissent
Babcock v. Norton5 F.2d 153 (2d Cir. 1924)
Priest v. Seaman266 F. 844 (8th Cir. 1920)
The Bylands231 F. 101 (5th Cir. 1916)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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