UNITED STATES SUPREME COURT DECISIONS ON-LINE

No appeal lies from a decree of restitution, with costs and damages, in the circuit court, the report of the commissioners appointed to ascertain the damages not having been acted on by the court when the appeal was taken. Such a decree is not a final decree.

This was the case of an armed vessel called the Palmyra, taken under Spanish colors by the United States schooner Grampus, commanded by Lieutenant Gregory and cruising, with instructions from the President, against pirates, and brought into the port of Charleston, S.C. for adjudication. A libel was filed by the captors, and a claim interposed by Mr. Depau, as agent of the alleged owners of the Palmyra, Spanish merchants domiciled at Porto Rico, and of the captain, offices, and crew. In the district court, the libel was dismissed without costs and damages against the captors. The decree of restitution was affirmed in the circuit court with costs and damages, and the cause was brought by appeal to this Court. clubjuris

Page 23 U. S. 503