The David Pratt
District Court, D. Maine
This case was formerly before the court and was argued on an exception to the libel in the nature of a demurrer. In its original form the libel united a cause of damage for an assault and battery and imprisonment, with a cause of substruction of wages. The ground of exception was that the libel was multifarious, embracing distinct and independent causes of action, which could not be united in the same proceedings.
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This case was formerly before the court and was argued on an exception to the libel in the nature of a demurrer. In its original form the libel united a cause of damage for an assault and battery and imprisonment, with a cause of substruction of wages. The ground of exception was that the libel was multifarious, embracing distinct and independent causes of action, which could not be united in the same proceedings. The exception was allowed, and the libel was amended by striking out the allegation founded on the tort [Pratt v. Thomas, Case No. 11,377], and it now stands as a simple suit for…
1Opinion of the Court
WARE, District Judge.
This case has come on to a hearing under unusual circumstances. Though it has been standing nearly a year and a half on the docket s nee it was heard upon the exception, and the lib 1 amended, no answer has been put in by the defendant to the amended libel. According to the regular and established rules of practice in the admiralty, before the defendant can be heard in his defence, or make use of any of his proofs, he must enter his appearance and contest the suit either by fli ng exceptions or answering the libel. For until this is done no issue is formed, and the court…
2Cited by13 opinions
- Harmon v. United StatesCourt of Appeals for the Fifth Circuit · 1932
- Governor & Co. of the Bank of Scotland v. SabayCourt of Appeals for the Fifth Circuit · 2000
- Dowling v. Isthmian S.S. CorporationCourt of Appeals for the Third Circuit · 1950
- Pacific Mail S. S. Co. v. LucasCourt of Appeals for the Ninth Circuit · 1920
- Domenico v. Alaska Packers' Ass'nDistrict Court, N.D. California · 1901
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