An appeal does not lie to the circuit court of appeals from a
final decree of the district court releasing a vessel upon the
ground that its ownership and possession by a foreign power place
it beyond the
Page 255 U. S. 220
jurisdiction in admiralty. Jud.Code, §§ 128, 238. The
Pesaro, ante, 255 U. S. 216
259 F. 369; decree vacated with direction to dismiss appeal from
This was certiorari to review a decree of the circuit court of
appeals affirming a decree of the district court, in admiralty
which dismissed a libel in rem.
The case is stated in the
MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.
This case is much like that of The Pesaro, ante,
255 U. S. 216
only difference requiring notice is that the appeal in that case
was to this Court, while in this it was to the circuit court of
appeals, which rendered a decree of affirmance. 259 F. 369. A writ
of certiorari brings that decree here for review. 250 U.S. 656.
The question raised and decided in the district court was
whether, sitting as a court of admiralty, it could entertain a suit
against a ship such as the Carlo Poma
represented to be in the suggestion of the Italian Ambassador. That
was a jurisdictional question in the sense of § 238 of the Judicial
Code. The Pesaro, supra.
The court resolved it in the
negative, and accordingly released the ship from arrest, thereby
disposing of the suit adversely to the libelant.
From that decree an appeal did not lie to the circuit court of
appeals, but only to this Court. Such is the effect of the statute,
Judicial Code, §§ 128, 238, defining and regulating the appellate
jurisdiction of this Court and of the circuit courts of appeals, as
is pointed out in United
Page 255 U. S. 221
States v. Jahn, 155 U. S. 109
155 U. S. 114
In that case, after an extended review of the statute, it was
"If the jurisdiction of the Circuit Court [now district court]
is in issue and decided in favor of the defendant, as that disposes
of the case, the plaintiff should have the question certified and
take his appeal or writ of error directly to this Court."
As, therefore, the decree in the district court was not open to
review by the circuit court of appeals, we must vacate the latter's
decision and remand the case to it with a direction to dismiss the
appeal. See Union & Planters' Bank v. Memphis,
189 U. S. 71
189 U. S. 73
Carolina Glass Co. v. South Carolina, 240 U.
, 240 U. S.
Decree of circuit court of appeals vacated, with direction to
dismiss appeal from district court.