Elawyers Elawyers
Ohio| Change

Moodie v. Ship Phoebe Anne, (1796)

Court: Supreme Court of the United States Number:  Visitors: 14
Judges: Elsworth
Filed: Aug. 09, 1796
Latest Update: Mar. 01, 2020
Summary: 3 U.S. 319 (_) 3 Dall. 319 MOODIE versus The Ship PHOEBE ANNE. Supreme Court of United States. The Ph be Anne, a British vessel. ELSWORTH, Chief Justice. Suggestions of policy and conveniency cannot be considered in the judicial determination of a question of right: the Treaty with France, whatever that is, must have its effect. By the 19th article, it is declared, that French vessels, whether public and of war, or private and of merchants, may, on any urgent necessity, enter our ports, and be s
More
3 U.S. 319 (____)
3 Dall. 319

MOODIE
versus
The Ship PHOEBE ANNE.

Supreme Court of United States.

The Phœbe Anne, a British vessel.

ELSWORTH, Chief Justice.

Suggestions of policy and conveniency cannot be considered in the judicial determination of a question of right: the Treaty with France, whatever that is, must have its effect. By the 19th article, it is declared, that French vessels, whether public and of war, or private and of merchants, may, on any urgent necessity, enter our ports, and be supplied with all things needful for repairs. In the present case, the privateer only underwent a repair; and the mere re-placement of her force cannot be a material augmentation; even if an augmentation of force could be deemed (which we do not decide) a sufficient cause for restitution.

BY THE COURT: Let the decree of the Circuit Court be affirmed.[*]

NOTES

[*] See p. 285. ant, Geyer et al. versus, Michael et al. and the ship Den Onzekeren.

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer