Delpit v. United States Shipping Board Emergency Fleet Corp.

GRAY, J., pro tem.

Respondent, who was a seaman on a.vessel flying the flag of and engaged in the merchant service of the United States, recovered in the Superior Court in and for the City and County of San Francisco, a judgment against appellant for an assault and battery committed upon him by the second mate of such vessel. After the time for appeal from such judgment had expired, appellant moved the trial court to vacate such judgment on the ground that it was void on the face of the record, because the Suits in Admiralty Act of March 9, 1920 (41 U. S. Stats., Chap. 95 [46 U. S. C. A.,…