Dunsmuir v. Bradshaw

Ninth Circuit

Dunsmuir v. Bradshaw

50 F. 440, 1 C.C.A. 525, 1892 U.S. App. LEXIS 1245

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 19, 1892

StatusPublished

This text of 50 F. 440 (Dunsmuir v. Bradshaw) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunsmuir v. Bradshaw, 50 F. 440, 1 C.C.A. 525, 1892 U.S. App. LEXIS 1245 (9th Cir. 1892).

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Opinion

Gilbert, Circuit Judge.

The principles decided by this court in the case of The Pilot, 50 Fed. Rep. 437, govern the decision of this case. The additional defense that the towing might all have been done upon the American side of the boundary line, and without entering foreign waters, can make no difference with the result. It is not alleged that the foreign waters were entered eollusively, or for the purpose, on the part of the tug, of evading the statute. The decree is reversed, with instructions to sustain the demurrer to the answer and for further proceedings.

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Gilbert, Circuit Judge.

The principles decided by this court in the case of The Pilot, 50 Fed. Rep. 437, govern the decision of this case. The additional defense that the towing might all have been done upon the American side of the boundary line, and without entering foreign waters, can make no difference with the result. It is not alleged that the foreign waters were entered eollusively, or for the purpose, on the part of the tug, of evading the statute. The decree is reversed, with instructions to sustain the demurrer to the answer and for further proceedings.

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Bluebook (online)

50 F. 440, 1 C.C.A. 525, 1892 U.S. App. LEXIS 1245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunsmuir-v-bradshaw-ca9-1892.