The Fred M. Lawrence
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. On September 30, 1893, a libel in rem was filed in the district court for the Eastern district of New York against the canal boat Fred M. Lawrence by the Union Marine Insurance Company to recover damages for a collision, and the vessel was attached, whereupon Elizabeth E. I-Iickok filed her claim as owner, and the value of the vessel was fixed by consent, at $3,400. The said Hickok,…
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Appeal from the District Court of the United States for the Eastern District of New York. On September 30, 1893, a libel in rem was filed in the district court for the Eastern district of New York against the canal boat Fred M. Lawrence by the Union Marine Insurance Company to recover damages for a collision, and the vessel was attached, whereupon Elizabeth E. I-Iickok filed her claim as owner, and the value of the vessel was fixed by consent, at $3,400. The said Hickok, Alfred Hamilton, and Edward M. Clarkson entered into a stipulation that, in case of default or contumacy on the part of the…
1Opinion of the Court
PEE CURIAM.
It is true that a court cannot deprive a defendant of the opportunity to appear, or, after a seasonable appearance, to defend, either as a punishment, or because he may be deemed to have forfeited such -rights by any misconduct. In such case, “a sentence of a court pronounced against a party without giving him an opportunity to be heard is not a judicial determination of his rights.” Windsor v. McVeigh, 93 U. S. 274; McVeigh v. U. S. 11 Wall. 259. The power of a court, which can punish for contempt, to strike the answer of a defendant from the files and render judgment against him,…
2Cases cited9 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Hovey v. ElliottSupreme Court of the United States · 1897
- The Moses TaylorSupreme Court of the United States · 1867
- McVeigh v. United StatesSupreme Court of the United States · 1871
- The UnionU.S. Circuit Court for the District of Southern New York · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sylvia Moore, Sylvia Moore v. Angela Mv, Angela Maritime Shipping Ltd., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 2003
- Ira S. Bushey & Sons, Inc. v. W. E. Hedger Transp. Corp.Court of Appeals for the Second Circuit · 1948
- Petition of Liverpool, Brazil & River Plate Steam Nav. Co.Court of Appeals for the Second Circuit · 1932
- The GreyhoundCourt of Appeals for the Second Circuit · 1934
- Nielsen v. RobynDistrict Court, E.D. New York · 1924
8 more not listed; retrieve them via the Exa API.