Udall v. Steam-Ship Ohio

THIS was an appeal from the circuit court of the United States for the southern district of New York.

It was a libel filed in the district court, for furnishing articles for the steam-ship Ohio.

A motion was made by Mr. Cutting, and opposed by Mr. Bradley, with whom was Mr. Benedict, to dismiss the appeal, for the want of jurisdiction.

The points made were the same as those in the succeding case, and there was an affidavit of value made by Mr. Benedict. The affidavit also set forth 'that the rules of the district court required libels to be sworn to, so that it is necessary, in stating the amount claimed, to state the same as it actually and in truth exists at the time the libel is sworn to, and on such libels the court, in its final decree, gives such amount as the libellant shall be entitled to recover on his case, whether the same be more or less than the amount in the libel.'

The amount of the claim and the history of the case are stated in the opinion of the court.

Mr. Justice McLEAN delivered the opinion of the court.