UNITED STATES SUPREME COURT DECISIONS ON-LINE
THE JOHN TWOHY, 255 U. S. 77 (1921)
255 U. S. 77U.S. Supreme Court
The John Twohy, 255 U.S. 77 (1921)
T. M. Duche & Sons, Limited v. American Schooner "John Twohy"
No. 84
Argued November 9, 1920
Decided February 28, 1921
255 U.S. 77
Syllabus
1. The rule that an appeal in admiralty by either party opens the case to both parties for a trial de novo is established practice in the Third Circuit. P. 255 U. S. 79.
2. Where a party relies on this rule and on his opponent's appeal, the court should not deprive him of his right to be heard by allowing the appeal to be withdrawn after the time within which he may himself appeal has elapsed. P. 255 U. S. 80.
256 F.2d 4 reversed.
The case is stated in the opinion.