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YEATON v. THE U.S.

9 U.S. 281 (1809)

5 Cranch 281

YEATON AND OTHERS, CLAIMANTS OF THE SCHOONER GENERAL PINKNEY AND CARGO, v. THE UNITED STATES.

Supreme Court of United States.

March 7, 1809.

Attorney(s) appearing for the Case

G. Lee, Martin, Harper and Youngs, for the appellants.

Rodney, Attorney-General, on the part of the United States.

MARSHALL, Ch. J. delivered the opinion of the court to the following effect:

The majority of the court is clearly of opinion, that in admiralty cases an appeal suspends the sentence altogether; and that it is not res adjudicata until the final sentence of the appellate court is pronounced. The cause in the appellate court is to be heard de novo, as if no sentence had been passed. This has been the...

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