Pierce Butler, Schoenamsgruber v. Hamburg American Line…
“ While courts of admiralty have capacity to apply equitable principles in order the better to attain justice, they do not have general equitable jurisdiction [4] and, except in limitation of liability proceedings, [5] they do not issue injunctions. ”
Pierce Butler, Schoenamsgruber v. Hamburg American Line…
“ The Act of April 3, 1926, 44 Stat. 233 (28 USCA § 227) , added to section 129 a provision granting appeal 'from an interlocutory decree in admiralty determining the rights and liabilities of the parties.' This specification, taken in connection with the other parts of the section, indicates that Congress did not intend to make appealable any other interlocutory decrees in admiralty. Moreover, there is nothing to indicate that Congress intended to allow repeated appeals in the class of cases to which these belong. ”
Pierce Butler, Schoenamsgruber v. Hamburg American Line…
“ After hearing and upon consideration of the evidence, the court ordered the parties to proceed to arbitration, stayed trial of the action pending the filing of the award, and retained jurisdiction to make orders and enter decrees contemplated by the act or otherwise permitted or required by law. ”
