Portland Shipping Co. v. 1152 Cases of Wine
Court of Appeals for the Second Circuit
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). It is a lengthy job to ascertain the legal propositions hidden in the mistakes and misunderstandings that constitute the apostles herein. Decree was given on the pleadings; yet the answer, after admitting everything alleged in the libel, prayed for dismissal. This was.in effect a peremptory exception or general demurrer, though we are not aware that such procedure has ever before been attempted. If, however, the libel be examined, it is seen to be a violation of every principle of pleading as laid down in general admiralty rule No. 22.
The ease is on the…
2Cases cited6 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Slocum v. MayberrySupreme Court of the United States · 1817
- In Re FassettSupreme Court of the United States · 1892
- Ward v. PeckSupreme Court of the United States · 1856
- The TiltonU.S. Circuit Court for the District of Massachusetts · 1830
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3Cited by8 opinions
- United States v. $39,000 in Canadian CurrencyCourt of Appeals for the Tenth Circuit · 1986
- In Re BehrensCourt of Appeals for the Second Circuit · 1930
- Hunt v. a Cargo of Petroleum Products Laden on Steam Tanker HildaDistrict Court, E.D. Pennsylvania · 1974
- Suren v. Oceanic S. S. Co.Court of Appeals for the Ninth Circuit · 1936
- Laudeman v. JohnsonDistrict Court, D. New Jersey · 1946
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