Jarka Corp. v. Rederii

First Circuit

Jarka Corp. v. Rederii

110 F.2d 234, 1940 A.M.C. 1155

CourtCourt of Appeals for the First Circuit

DecidedFebruary 7, 1940

DocketNo. 3443

StatusPublished

Cited by7 cases

This text of 110 F.2d 234 (Jarka Corp. v. Rederii) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jarka Corp. v. Rederii, 110 F.2d 234, 1940 A.M.C. 1155 (1st Cir. 1940).

Pincite

Opinion

PER CURIAM.

This is an appeal from a decree overruling exceptions to a libel in admiralty. Appeals lie, not from all interlocutory decrees in admiralty, but only from such interlocutory decrees as determine “the rights and liabilities of the parties.” 44 Stat. 233, 28 U.S.C.A. § 227. The decree below merely determines that the libel states a good cause of action. It does not determine the rights and liabilities of the parties, because at the trial the libellant may fail to prove his case. Stark v. Texas Co., 5 Cir., 1937, 88 F.2d 182; The Maria, 2 Cir., 1933, 67 F.2d 571; see Schoenamsgruber v. Hamburg Line, 1935, 294 U.S. 454, 55 S.Ct. 475, 79 L.Ed. 989; H. Lissner & Co., Inc., v. Oceanic Steam Navigation Co., 2 Cir., 1929, 30 F.2d 290.

The appeal is dismissed for lack of jurisdiction.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from a decree overruling exceptions to a libel in admiralty. Appeals lie, not from all interlocutory decrees in admiralty, but only from such interlocutory decrees as determine “the rights and liabilities of the parties.” 44 Stat. 233, 28 U.S.C.A. § 227. The decree below merely determines that the libel states a good cause of action. It does not determine the rights and liabilities of the parties, because at the trial the libellant may fail to prove his case. Stark v. Texas Co., 5 Cir., 1937, 88 F.2d 182; The Maria, 2 Cir., 1933, 67 F.2d 571; see Schoenamsgruber v. Hamburg Line, 1935, 294 U.S. 454, 55 S.Ct. 475, 79 L.Ed. 989; H. Lissner & Co., Inc., v. Oceanic Steam Navigation Co., 2 Cir., 1929, 30 F.2d 290.

The appeal is dismissed for lack of jurisdiction.

Cite This Page — Counsel Stack

Bluebook (online)

110 F.2d 234, 1940 A.M.C. 1155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jarka-corp-v-rederii-ca1-1940.

Opinion

Related

Cite This Page — Counsel Stack