Admiralty

The Charles Carter. Blaine v. The Ship Charles Carter et al.

4 U.S. 204 Dall. 20·Supreme Court of the United States·1800

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Opinion

The Charles Carter. Blaine v. The Ship Charles Carter et al. Error. Whatever may be the original nature of the suit in a circuit court, it cannot be removed into the supreme court, except by writ of error. This was an appeal from the Circuit Court of Virginia; and the preliminary question discussed was, whether such a process could he sustained? After argument— [MAJORITY] The Court decided, that the removal of suits, from the circuit court into the supreme court, must be by writ of error, in every case, whatever maybe the original nature of the suits. An appeal is allowed in eases of equity, admiralty and prize, by act of 8d March 1808 § 2 (2 D. S. Stat. 244); and R. S. § 692. .