Alaska Packers Ass v. Pillsbury
| Decision Date | 26 April 1937 |
| Docket Number | No. 558,558 |
| Citation | 301 U.S. 174,81 L.Ed. 988,57 S.Ct. 682 |
| Parties | ALASKA PACKERS ASS'N v. PILLSBURY, Deputy Com'r, et al |
| Court | U.S. Supreme Court |
Messrs. Eugene M. Prince and F. D. Madison, both of San Francisco, Cal., for petitioner.
Mr. J. Frank Staley, of Washington, D.C., for respondents.
The question here presented is whether an appeal to a Circuit Court of Appeals from a decree in admiralty in a District Court may be taken by simply filing in the office of the clerk of the District Court, and serving on the proctor of the adverse party, a notice of appeal. In this case the Circuit Court of Appeals, in deference to a rule adopted by it in 1900 and readopted in 1928, sustained an appeal so taken and overruled the appellee's contention that the rule is in conflict with section 8(c) of the Act of February 13, 1925, c. 229, 43 Stat. 936, 940, 28 U.S.C. § 230 (28 U.S.C.A. § 230); which provides: 'No writ of error or appeal intended to bring any judgment or decree before a circuit court of appeals for review shall be allowed unless application therefor be duly made within three months after the entry of such judgment or decree.'
We are of opinion that the statute is both applicable and controlling.
Prior to the creation of the Circuit Courts of Appeals the recognized mode of taking an appeal from a decree in admiralty, as well as from a decree in equity, was by making application to the court rendering the decree, or to a judge or justice, and obtaining an allowance of an appeal. The authorized procedure in this regard is shown in Barrel v. Transportation Company (Barrell v. The Mohawk), 3 Wall. 424, 18 L.Ed. 168, where an appeal in admiralty was sought to be taken by simply filing a petition in the office of the clerk of the court. This Court dismissed the appeal, saying:
The act creating the Circuit Courts of Appeals1 and investing them with stated appellate jurisdiction, including appeals in admiralty, made no change in the prior procedure. On the contrary, section 11 of that act provided: 'And all provisions of law now in force regulating the methods and system of review, through appeals or writs of error, shall regulate the methods and system of appeals and writs of error provided for in this act in respect of the circuit courts of appeals, including all provisions for bonds or other securities to be required and taken on such appeals and writs of error, and any judge of the circuit courts of appeals, in respect of cases brought or to be brought to that court shall have the same powers and duties as to the allowance of appeals or writs of error, and the conditions of such allowance, as now by law belong to the justices or judges in respect of the existing courts...
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