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The Diana

Type Court Judgment Court US Supreme Court Decided 1818
~2 min read
https://sooperkanoon.com/case/78781

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Citation
Court
US Supreme Court
Decided On
Case Number
16 U.S. 58
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

The Diana

Excerpt

the diana - 16 u.s. 58 (1818) u.s. supreme court the diana, 16 u.s. 3 wheat. 58 58 (1818) the diana 16 u.s. (3 wheat.) 58 appeal from the circuit court of south carolina syllabus decree in an instance cause affirmed with damages at the rate of six percentum per annum on the amount of the appraised value of the cargo, the same having been delivered to the claimant on bail, including interest from the date of the decree of condemnation in the district court. this was an information under the nonimportation laws against the ship diana and cargo. condemnation was pronounced in the district and circuit courts, and the cause was brought by appeal to this court. at the last term, on the hearing, it was ordered to further proof, and the further proof not being satisfactory, the decree of the court below was affirmed at the present term. mr. berrian, for the united states, inquired whether the damages should be computed from the date of the bond given for the appraised value of the cargo, or from the decree of the district court. the court was of opinion that the damages should be computed at the rate of six percentum on the amount of the appraised value of the cargo, including interest from the date of the decree of condemnation in the district court. decree affirmed.

Full Judgment

The Diana - 16 U.S. 58 (1818)
U.S. Supreme Court The Diana, 16 U.S. 3 Wheat. 58 58 (1818)

The Diana

16 U.S. (3 Wheat.) 58

APPEAL FROM THE CIRCUIT

COURT OF SOUTH CAROLINA

SYLLABUS

Decree in an instance cause affirmed with damages at the rate of six percentum per annum on the amount of the appraised value of the cargo, the same having been delivered to the claimant on bail, including interest from the date of the decree of condemnation in the district court.

This was an information under the nonimportation laws against the ship Diana and cargo. Condemnation was pronounced in the district and circuit courts, and the cause was brought by appeal to this Court. At the last term, on the hearing, it was ordered to further proof, and the further proof not being satisfactory, the decree of the court below was affirmed at the present term.

Mr. Berrian, for the United States, inquired whether the damages should be computed from the date of the bond given for the appraised value of the cargo, or from the decree of the district court.

The Court was of opinion that the damages should be computed at the rate of six percentum on the amount of the appraised value of the cargo, including interest from the date of the decree of condemnation in the district court.

Decree affirmed.

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