THE MANUEL ARNUS, 10819.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Citation141 F.2d 585
Docket NumberNo. 10819.,10819.
PartiesTHE MANUEL ARNUS. COMPANIA TRANSATLANTICA, ADMINISTRADA POR EL ESTADO, v. UNITED STATES et al.
Decision Date28 March 1944

William Logan, Jr., and Geo. Whitefield Betts, both of New York City, and H. C. Hughes, of Galveston, Tex., for appellant.

J. Frank Staley, Atty., Department of Justice, of Washington, D. C., Douglas W. McGregor, U. S. Atty., and W. F. Leigh, Asst. U. S. Atty., both of Houston, Tex., for the United States.

James L. Abney, of Houston, Tex., for appellee Todd-Galveston Dry Docks, Inc.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Brought by a Spanish Company, being administered by the Spanish State, against, and praying the arrest of, the Steamer Manuel Arnus, and against Todd-Galveston Dry Docks, Inc., and all persons intervening for their interest in the steamer, and praying that monition issue, the libel was for possession of the vessel and damages for its detention. Compassed about by a cloud of procedural difficulties both here and below, libellant has found the going hard.

Below, the United States, as owner and entitled to exclusive possession, appeared asserting the immunity of the vessel from seizure or other process. Here, it moves to dismiss the appeal because, the vessel having been delivered to it, there is no res in court to support the in rem jurisdiction.

In substance a libel in rem for the possession of a vessel purchased by the Government of the United States from the Government of Mexico, and placed by the United States in dry dock for a survey and estimates as to repairs, the maintenance of the libel was met by the special appearance of the United States to assert the jurisdictional plea that the vessel was immune from seizure, United States v. Jardine, 9 Cir., 81 F.2d 745, 746. Admitting that the United States was claiming ownership of the property by purchase from the Mexican Government, but denying that the Mexican Government had any title to convey, the matters raised on libel, appearances and affidavits were submitted on summary hearing.

The District Judge, on April 26, 1943, finding that the United States was claiming ownership of the vessel and was in possession of it, and that the vessel was, therefore, not subject to seizure, entered his decree ordering the libel dismissed for want of jurisdiction, that the arrest of the steamship be vacated, and that the marshal release the vessel from his custody and deliver it to the United States. No supersedeas having been filed or other steps taken to supersede the judgment of dismissal and maintain the seizure, the marshal, as ordered, surrendered custody of and delivered the vessel to the United States, and not until July 1, 1943, more than sixty days after the vessel's release, did libellant apply for and obtain an appeal to this court.

Met with a motion to dismiss the appeal because the marshal, having properly...

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12 cases
  • U.S. v. Four Parcels of Real Property in Greene and Tuscaloosa Counties in State of Ala.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • August 29, 1991
    .......         Our predecessor circuit, in contrast, held, in The Manuel Arnus, 141 F.2d 585 (5th Cir.), cert. denied, 323 U.S. 728, 65 S.Ct. 63, 89 L.Ed. 584 (1944), 16 ......
  • U.S. (Drug Enforcement Agency) v. One 1987 Jeep Wrangler Auto. VIN No. 2BCCL8132HBS12835
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 6, 1992
    ...... general rule is that upon the removal of the res, the jurisdiction of the court ends"); The Manuel Arnus, 141 F.2d 585 (5th Cir.), cert. denied, 323 U.S. 728, 65 S.Ct. 63, 89 L.Ed. 584 (1944) ......
  • United States v. AN ART. OF DRUG... NEOTERRAMYCIN, ETC., Civ. A. No. CA-3-79-0615-D.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • December 14, 1981
    ......1978); Inland Credit, supra, 552 F.2d at 1151-52; The Manuel Arnus, 141 F.2d 585, 586 (5th Cir.), cert. denied, 323 U.S. 728, 65 S.Ct. 63, 89 L.Ed. 584 (1944); ......
  • Point Landing, Inc. v. Alabama Dry Dock & Shipbuild. Co.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 21, 1958
    ......1053; The Kotkas, 5 Cir., 1943, 135 F.2d 917, 1943 A.M.C. 831, and The Manuel Arnus, 5 Cir., 1944, 141 F.2d 585, 1944 A. M.C. 417, certiorari denied 323 U.S. 728, 65 S.Ct. 63, ......
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