United States Supreme Court Cases & Opinions

U.S. Supreme Court

The Pesaro, 255 U.S. 216 (1921)

The Pesaro

No. 317

Argued January 26, 27, 1921

Decided February 28, 1921

255 U.S. 216

Syllabus

1. A decree in admiralty releasing a vessel finally from arrest, in a suit in rem, upon the ground of her immunity to the process of the court, but not in terms dismissing the libel, is final. P. 255 U. S. 217.

2. Whether from the jurisdiction over "all civil cases of admiralty and maritime jurisdiction," Jud.Code, 24, cl. 3, there is an implied exception of trading vessels owned and possessed by foreign powers is a jurisdictional question, in the sense of Jud.Code, § 238, governing appeals to this Court from the district courts. P. 255 U. S. 218.

3. A suggestion that a vessel, arrested in admiralty, is owned and possessed by a foreign country and is therefore beyond the jurisdiction of the district court cannot be entertained if made by the ambassador of that country directly, and not through the official channels of our government. Id., Ex parte Muir, 254 U. S. 522.

Reversed.

This was a direct appeal to review a decree of the district court dismissing a libel in rem for want of jurisdiction over the ship. The case is stated in the opinion.