United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte State of New York, No. 2, 256 U.S. 503 (1921)

Ex Parte State of New York, No. 2

No. 2, Original

Argued December 14, 1920

Decided June 1, 1921

256 U.S. 503

Syllabus

1. The facts that a vessel, libeled in the district court, is the property of a state, in its possession and control and employed in its public governmental service, may be established, prima facie, at least, by

Page 256 U. S. 504

a suggestion verified and filed by the attorney general of the state, in his official capacity, in connection with his special appearance and objection to the jurisdiction. P. 256 U. S. 509. Ex parte Muir, 254 U. S. 522, distinguished.

2. Under the admiralty law, a vessel owned and possessed by a state and employed exclusively for its governmental purposes, is exempt from seizure in a suit to recover damage for a death caused by her negligent operation. P. 256 U. S. 510.

Rule absolute for writ of prohibition.

Prohibition to restrain proceedings in admiralty in the district court. The case is stated in the opinion, post, 256 U. S. 508.

Page 256 U. S. 508