Opinion · Supreme Court of the United States
The Sybil
Sybil, 17 U.S. (4 Wheat.) 98 (1819)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1819-02-15
- Topic
- general
How later courts describe this case
- holding that neither a corporation nor its representatives 18 have a Fifth Amendment privilege
- calling this the “ ‘adoptive forfeiture’ doctrine”
Citator
UpLaw has not yet analyzed The Sybil. The absence of a flag is not a finding that it is good law.
- Cited by
- 52 opinions
Headnotes
- Admiralty & Maritime Law — Salvage The amount of salvage to be awarded and the mode of its distribution are matters committed to the discretion of the court; because reasonable minds contemplating the same facts may reach different conclusions on these questions, an appellate court will not reverse the decision of a lower court in this class of cases unless it manifestly appears that some important error has been committed.
- Admiralty & Maritime Law — Salvage In a salvage proceeding, a ship owner asserting a claim for freight or average as against the salvors must pursue that claim by petition or libel directed against the portion of the proceeds of the cargo adjudged to the shippers, who are entitled to be heard on such a claim and may be called upon to answer only in that mode; where the ship owner has not proceeded in that manner, the claim cannot be allowed in the salvage case then before the court.
- Admiralty & Maritime Law — Salvage A ship owner who has not properly asserted a maritime claim or lien against salvage proceeds before judgment is not foreclosed from relief, where the proceeds remain in the possession of the law and may still be subjected to any maritime claim or lien in the court below.
delivered the opi
Decree affirmed.
A question afterwards arose, upon a claim of the ship owners for freight, &c.
Mr. Justice Johnsondelivered the opinion of
the Court. In this case, the attention of the Court has been particularly called to the claim" interposed by the ship owners, for. freight and average.
This Court, as at present advised, are very well satisfied that no freight was earned, and that average may have been justly claimed. But in the case then depending, the Circuit Court could not have awarded either of those demands. The question is inter alios. There wás no. pretext for claiming either,, as against the salvors; and the ship owners ought to
■ But the ship owners are not yet too late to pursue their remedy. The proceeds are still in the possession of the law, and may be subjected to any maritime claim or lien in the Court below.
Claim rejected.