United States v. Peters
3 U.S. 121

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U.S. Supreme Court

United States v. Peters, 3 U.S. 3 Dall. 121 121 (1795)

United States v. Peters

3 U.S. (3 Dall.) 121

MOTION FOR PROHIBITION TO THE

DISTRICT COURT OF PENNSYLVANIA

Syllabus

Proceedings by libel and process of arrest against the commander and attachment were instituted in the District Court of the United States for the District of Pennsylvania against the commander and an armed vessel of the French republic for an alleged illegal capture on the high seas of a neutral merchant vessel, the property of a citizen of the State of Pennsylvania, the commander and the armed vessel being in the port of Philadelphia. The Court granted a prohibition to the district judge, by which further proceedings on the libel were prevented, the district court having no jurisdiction.

This was a motion for a Prohibition to the District Court of Pennsylvania, where a Libel had been filed by James Yard and process of attachment thereupon issued against the Cassius, an armed Corvette belonging to the French Republic, and Samuel Davis, her Commander. The Libel was in these words:

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