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“On the 27th December, Wharton, of counsel for the complainants in this case, moved for leave to enter an appeal from the decree of the court, rendered on the 23d December. Chauncey, for the captain and part owner opposed the appeal. The complainants must show that the decree made in this case is a final decree, coming within the act of Congress. If the petition was for the sale, or possession of the vessel, it was in nature of a possessory action; it was an application to the court for an order, which the court has decided it had no power to give. The twenty-first section of the act of Congress of 24th September, 1789, contemplates a final decree in a case in which the ‘matter in dispute is of the value of three hundred dollars.’ Is this such a final decree? Is it not rather, like the case of a debtor under the insolvent laws? (1 Story’s Laws, 60.)”

Case Citation

1 Gilp. 34