Withenbury v. United States,
72 U.S. 819 (1866)

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U.S. Supreme Court

Withenbury v. United States, 72 U.S. 5 Wall. 819 819 (1866)

Withenbury v. United States

72 U.S. (5 Wall.) 819


A decree in a prize cause which disposes of the whole matter in controversy upon a claim filed by particular parties, which is final as to them and their rights and final also so far as the claimants and their rights are concerned as to the United States, which leaves nothing to be litigated between the parties and awards execution in favor of the libellants against the claimants, is final within the meaning of the Judiciary Acts, and this Court has jurisdiction of an appeal from it.

Several libels were filed in that court for the condemnation, as prize of war, of large quantities of cotton and other property captured on the interior navigable waters of the United States or on land adjacent thereto. On motion, these libels were consolidated, and various claims were interposed in the consolidated suit for portions of the property libeled. Among these claims was that of Withenbury & Doyle. They denied the validity of the capture and insisted on their own title to nine hundred and thirty-five bales of the cotton.

Upon hearing of the cause as to this claim, an order was made dismissing the claim with costs, for which execution was ordered.

From this decree the appeal now pending was taken, and a motion for dismissal was now made upon the ground that the decree was not final, and therefore was not within the jurisdiction of this Court.

A motion of a similar sort was made and argued at the same time in another and similar appeal, Le More v. United States.

Page 72 U. S. 821

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