Estonian State Cargo & Passenger S. S. Line v. Kaiv

Fifth Circuit

Estonian State Cargo & Passenger S. S. Line v. Kaiv

135 F.2d 917, 1943 U.S. App. LEXIS 3450, 1943 A.M.C. 831

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 22, 1943

DocketNo. 10597

StatusPublished

Cited by9 cases

This text of 135 F.2d 917 (Estonian State Cargo & Passenger S. S. Line v. Kaiv) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Estonian State Cargo & Passenger S. S. Line v. Kaiv, 135 F.2d 917, 1943 U.S. App. LEXIS 3450, 1943 A.M.C. 831 (5th Cir. 1943).

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Opinion

PER CURIAM.

The appeal is from a final decree dismissing a libel by which appellants sought possession of the' “S. S. Kotkas”, also known as the “Farida”. Upon dismissal of the libel the ship was released to its Master. Appeal was taken without the filing of a supersedeas bond, and it appears that the vessel is now beyond the territorial jurisdiction of the court. There is now no subject-matter upon which the judgment of this Court could operate to give relief to appellant. The case is, therefore, dismissed; appellant to pay costs. Canal Steel Works, Inc. v. One Drag Line Dredge, 5 Cir., 48 F.2d 212, 213. Appellant contends, however, that the libel was not only in rem but also in personam, against the Master, and that the court did not lose jurisdiction by departure of the res. A review of the record discloses no personal service upon the Master. Cf. The Florida, 5 Cir., 133 F.2d 719.

Appeal dismissed.

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PER CURIAM.

The appeal is from a final decree dismissing a libel by which appellants sought possession of the' “S. S. Kotkas”, also known as the “Farida”. Upon dismissal of the libel the ship was released to its Master. Appeal was taken without the filing of a supersedeas bond, and it appears that the vessel is now beyond the territorial jurisdiction of the court. There is now no subject-matter upon which the judgment of this Court could operate to give relief to appellant. The case is, therefore, dismissed; appellant to pay costs. Canal Steel Works, Inc. v. One Drag Line Dredge, 5 Cir., 48 F.2d 212, 213. Appellant contends, however, that the libel was not only in rem but also in personam, against the Master, and that the court did not lose jurisdiction by departure of the res. A review of the record discloses no personal service upon the Master. Cf. The Florida, 5 Cir., 133 F.2d 719.

Appeal dismissed.

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135 F.2d 917, 1943 U.S. App. LEXIS 3450, 1943 A.M.C. 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estonian-state-cargo-passenger-s-s-line-v-kaiv-ca5-1943.

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