Starin v. the Jesse Williamson

• Decision Date: 23 April 1883
• Citation: 27 L.Ed. 730,108 U.S. 305,2 S.Ct. 669
• Parties: STARIN v. THE JESSE WILLIAMSON, Jr., her Tackle, etc
• Court: U.S. Supreme Court

108 U.S. 305

2 S.Ct. 669

27 L.Ed. 730

STARIN v. THE JESSE WILLIAMSON, Jr., her Tackle, etc.

April 23, 1883.

[Syllabus from pages 305-306 intentionally omitted] R. D. Benedict, for appellant.

[Argument of Counsel from pages 306-308 intentionally omitted] H. J. Scudder, for appellee.

BLATCHFORD, J.

This is a suit in rem, in admiralty, to recover damages for a collision, brought in the district court, where the libel was dismissed. The decree was affirmed by the circuit court, on appeal, and the libelant has appealed to this court. The amount of damages claimed in the libel is $27,000. The collision occurred on the second of November, 1875. The libel was filed on the fifth day of the same month, and the vessel was attached, under process, on the same day. On the 9th, Richard H. Seward, describing himself self as master of the schooner sued filed a claim to her, in which he stated that he intervened, as agent of the owners of the schooner, 'for the interest of Daniel Marcy, William H. Sise, and others, owners of said schooner,' in her, and made claim to her, and averred that he was in possession of her when she was attached, and that 'the persons above named and others are the true and bona fide owners' of her, and that no other person 'is' her owner. The master signed the claim as 'agent,' and made oath to it 'that the owners of said schooner reside in Portsmouth, New Hampshire, and Kittery, Maine, and that this deponent is duly authorized to put in this this claim in behalf of the owners of the said schooner,' etc. On the twelfth of November, the value of the schooner was fixed by appraisement at the sum of $2,100, and a stipulation for value in that amount was entered into pursuant to the rules and practice of the district court, signed 'W. H. Sise & Co., by R. H. Seward,' and also signed by two sureties, not claimants. A stipulation for costs, entered into on behalf of the claimants, on November 9th, pursuant to the rules and practice of the district court, recites that a claim had been filed in the cause 'by Daniel Marcy, William H. Sise, and others, owners of said vessel,' etc. The answer, which was sworn to December 18, 1875, purports to be the answer of 17 persons, (two of whom are Daniel Marcy and William H. Sise,) whom it states to be 'claimants of the schooner' and 'respondents,' and the answer speaks of the vessel as the 'respondents' schooner.' The oath to the answer is made by a person who swears that he is 'agent for the schooner,' 'and transacts business for her owners,' and 'that the owners are not, nor is either of them, or the master thereof, within this district.'

The appellees moved to dismiss the appeal for want of jurisdiction in this court to entertain it, on the ground that the matter in dispute does not exceed the sum or value of $5,000, exclusive of costs, as required by section 3 of the act of February 16, 1875, (18 St. at Large, c. 77, p. 316.) We have held, at this term, on a full review of the subject, in Hilton v. Dickinson, [ante, 424,] that while we have jurisdiction of a writ of error or appeal by a plaintiff below when he sues for as much as or more than our jurisdiction requires and recovers nothing the actual matter in dispute in this court, as shown by the record, and not alone the damages alleged or prayed for in the declaration, must be looked to in determining the question of jurisdiction. We have also held, in Town of Elgin v. Marshall, 106 U. S. 578, [S. C. 1 SUP.CT. REP. 484,] that the required valuation is limited to the matter in dispute in the particular suit...