Steamer Oregon v. Rocca

THESE were appeals from the circuit court of the United States for the southern district of Alabama.

In the first case, a libel was filed in the district court of the United States for the southern district of Alabama claiming damages resulting from a collision between the schooner William Ozman and the steamer Oregon, in the bay of Mobile, on the 8th of September, 1849, whereby one hundred and forty bales of cotton on board said schooner were injured and in part destroyed.

In the second, a like libel was filed by Turner and Twiford as the owners of the schooner, claiming damages for injuries done to the vessel.

In January, 1851, the district judge decreed in favor of the libellants, in the first-named case for $6,599.64, and in the second for $1,989.47.

From these decrees the owners of the steamer appealed to the circuit court.

On the 21st of April, 1855, the circuit court passed an order in each case reciting that 'the said cause being submitted to the court, a decree is rendered pro forma, the presiding judge having been of counsel for the defendants, affirming the judgment that was rendered in this case,' namely, & c. &c.

An appeal from these decrees brought the cases up to this court.

The attention of the court having been called to this state of affairs, after consultation, the following order was passed in each case. Order.

It is now hear considered by the court that although it appears from the record that the decree of the circuit court in this cause was entered pro forma, yet that this court has jurisdiction to try and determine the case. Whereupon it is now here ordered by the court that this cause be and the same is hereby set down for argument next after the case fixed for to-day.

Dissenting-Justices, DANIEL and CATRON.

The cases were argued by Mr. Johnson, a brief being also filed by Mr. Nelson, for the appellants, and by Mr. Phillips, for the appellee.

Mr. Justice McLEAN delivered the opinion of the court.