O. F. Nelson & Co. v. United States

These cases began in libels in admiralty in which the O. F. Nelson Co. and others were decreed not entitled to recover from the United States for damage to and destruction of certain cocoa beans while in the latter’s possession on one of its lighters in the harbor of Pago Pago of the Samoan Island of Tutuila. The suits against the United States were under the provisions of 46 U.S.C. 743, 782, 46 U.S.C.A. §§ 743 , 782, and hence the United States stands in the position of any private litigant.

The libelants severally appealed. The United States appeared and contested the merits of the appeals. On May 21, 1945, we reversed the decrees and remanded the cases for further proceedings. 1 The terms of this court in which our decisions became final has long since expired. No writs of certiorari were sought. The United States now appears and moves us to recall the mandates, set aside our decrees and dismiss the appeals — thus for the first time raising the question of our jurisdiction to consider the merits.

The contention upon which the motion is groimded is that the appeals were taken from decrees entered on February 4, 1944, whereas, as then appeared in the record before us, an order…