United States Supreme Court Cases & Opinions

U.S. Supreme Court

C. J. Hendry Co. v. Moore, 318 U.S. 133 (1943)

C. J. Hendry Co. v. Moore

No. 60

Argued November 10, 1942

Decided February 8, 1943

318 U.S. 133

Syllabus

L. Forfeiture by procedure in rem of a net which, while being used by a fishing vessel in navigable coastal waters of a State, had been seized for violation of a law of the State forbidding fishing by net in those waters, is "a common law remedy" which "the common law is competent to give," within the statutory exception to the exclusive jurisdiction in admiralty conferred on district courts of the United States by § 9 of the Judiciary Act of 1789, and the State may provide for such forfeiture in a proceeding in a state court. Pp. 318 U. S. 134, 318 U. S. 153.

2. The common law, as received in this country at the time of the adoption of the Constitution, gave a remedy in rem in cases of forfeiture. P. 318 U. S. 153.

18 Cal.2d 835 affirmed.

Certiorari, 316 U.S. 643, to review the affirmance of a judgment of forfeiture of a net used in violation of a state law.

Page 318 U. S. 134