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IN RE COOPER, 143 U. S. 472 (1892)

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U.S. Supreme Court

In re Cooper, 143 U.S. 472 (1892)

In re Cooper

No. 6, Original

Argued November 9-10, 1891

Decided February 29, 1892

143 U.S. 472



The District Court for the District of Alaska has jurisdiction in admiralty to forfeit vessels for violating the provisions of Rev.Stat. § 1956 on any of the navigable waters of the United States which were acquired by the treaty with Russia concluded March 30, 1857, 15 Stat. 539. chanroblesvirtualawlibrary

Page 143 U. S. 473

Prohibition will not go after judgment and sentence unless want of jurisdiction appears on the face of the proceedings; but before judgment, the superior court can examine not simply the process and pleadings technically of record, but also the facts and evidence upon which action was taken.

United States district courts, sitting in admiralty, are courts of superior jurisdiction, and every intendment is made in favor of their decrees, and when it appears that the court had jurisdiction of the subject matter and either that the defendant was duly served with process or that he voluntarily appeared and made defense, the decree is not open collaterally to any inquiry upon the merits or jurisdiction dependent on those facts.

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