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

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U.S. Supreme Court

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

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

No. 267

Argued April 14, 1927

Decided May 31, 1927

274 U.S. 466

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. 274 U. S. 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. 274 U. S. 470.

3. The jurisdiction is not ousted by an answer denying that such freights are due. P. 274 U. S. 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. 274 U. S. 471.

291 F. 92 reversed.

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

Page 274 U. S. 469

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