Louis Werner Stave Co. v. Marden, Orth & Hastings Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Douis Werner Stave Company against the Harden, Orth & Hastings Company. Decree for libelant, and respondent appeals. Appeal from a decree entered March 15, 1921, awarding libelant damages in the principal sum of $3,284.41. There was a shipment of oak staves which libelant delivered to a steamship at Galveston, Tex., for transportation to Bordeaux, France.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Douis Werner Stave Company against the Harden, Orth & Hastings Company. Decree for libelant, and respondent appeals. Appeal from a decree entered March 15, 1921, awarding libelant damages in the principal sum of $3,284.41. There was a shipment of oak staves which libelant delivered to a steamship at Galveston, Tex., for transportation to Bordeaux, France. At Bordeaux there was short delivery. It is conceded that libelant’s claim as to the quantity delivered to the ship at…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). [1] The sole question in this case is whether the following part of the General Rules of Practice duly adopted by the District Court for the Southern District of New York is valid and not inconsistent with R. S. § 865 (Comp. St. § 1474), viz.:
“Upon the return of a commission the clerk shall open and file it forthwith in his office and give notice thereof by mail to the counsel for the respective parties, and any motion to suppress such commission must be made within 10 days after the mailing of said notice.”
This rule became effective on February 1, 1913, in…
2Cases cited11 opinions
- United States v. GinsbergSupreme Court of the United States · 1917
- United States v. Alabama Great Southern RailroadSupreme Court of the United States · 1892
- Blease v. GarlingtonSupreme Court of the United States · 1876
- Oaks v. RodgersCalifornia Supreme Court · 1874
- Beale v. ThompsonSupreme Court of the United States · 1814
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3Cited by3 opinions
- Brown v. BarrSupreme Court of Alabama · 1959
- Price v. CommonwealthCourt of Appeals of Kentucky · 1962
- T. Vidal & Co. v. Beatty Brokerage Co.Court of Appeals for the First Circuit · 1929