Delpit

Respondent, who was a seaman on a.vessel flying the flag of and engaged in the merchant service of the United States, recovered in the Superior Court in and for the City and County of San Francisco, a judgment against appellant for an assault and battery committed upon him by the second mate of such vessel. After the time for appeal from such judgment had expired, appellant moved the trial court to vacate such judgment on the ground that it was void on the face of the record, because the Suits in Admiralty Act of March 9, 1920 (41 U. S. Stats., Chap. 95 [46 U. S. C. A., secs. 741-752]), vests exclusive jurisdiction of the cause of action pleaded in the federal courts. Appellant appeals from the order denying such motion.

But the following additional facts preclude us from passing on this interesting question. The complaint was filed in said superior court. Subsequently the cause was removed, on appellant’s petition, to the District Court of the United States for the Southern Division of the Northern District of California, on the ground that, the latter court had original jurisdiction. There a trial was had, resulting in a judgment in favor of appellant. The respondent prosecuted…