THE S. S. OSBORNE, 105 U. S. 447 (1881)

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U.S. Supreme Court

The S. S. Osborne, 105 U.S. 447 (1881)

The S. S. Osborne

105 U.S. 447


1. Where, to the next circuit court, the district court sitting in admiralty allowed an appeal from its decree, although the same was not, in accordance with its rules, prayed for in writing, the jurisdiction of the circuit court at once attached notwithstanding the failure of the clerk of the district court to deliver within twenty days, as required by its rules, to the clerk of the circuit court the appeal and record.

2. A cross-appeal to this Court must be prosecuted as any other appeal or it will be dismissed.

William G. Winslow and Hezekiah J. Winslow filed their libel in the proper District Court against the schooner S. S. Osborne, alleging that they were the owners of the schooner American Union, and that while she was on her voyage on Lake Michigan the S. S. Osborne, ran into her, whereby she suffered damage, and that the collision was caused solely by the negligence and improper conduct of the S. S. Osborne.

The S. S. Osborne was seized, but was subsequently released, on Bliss O. Wilcox, the claimant, entering into the requisite stipulations. He answered the libel by denying its material allegations, and filed a cross-libel against the American Union, claiming that she was wholly in fault, and that by the collision

Page 105 U. S. 448

the S. S. Osborne was damaged. The answer to the cross-libel was filed, and, Dec. 26, 1877, the district court dismissed the cross-libel and rendered a decree against the S. S. Osborne, from which on the same day Wilcox appealed. The entry in relation thereto is inserted in the opinion of this Court. The circuit court, both parties appearing therein, rendered a decree, from which each appealed. The remaining facts are stated in the opinion of this Court.

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