UNITED STATES v. PHELPS and another.

107 U.S. 320 (2 S.Ct. 389, 27 L.Ed. 505)

UNITED STATES v. PHELPS and another.

Decided: March 26, 1883

Syllabus from page 320 intentionally omitted

Statement of Case from pages 320-321 intentionally omitted

Asst. Atty. Gen. Maury, for plaintiff in error.

Argument of Counsel from 321-322 intentionally omitted

Charles M. Da Costa, for defendants in error.

WAITE, C. J.

Sec

tion 2928 of the Revised Statutes, a re-enactment of section 21 of the act of March 1, 1823, c. 21, relates alone to merchandise taken from a wreck, and does not in any manner affect the proceedings under section 2927, a re-enactment of section 52 of the act of March 2, 1799, c. 22, to obtain an appraisement for an abatement of duties on account of damages to goods during a voyage. What was said in Shelton v. The Collector, 5 Wall. 118, to the contrary of this is disapproved. The subject is so fully and carefully considered in the opinion of the court below that we deem it unnecessary to do more than to refer to the report of the case in 17 Blatchf. 312. The judgment is affirmed.

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