Barnes v. United States

RIFKIND, District Judge.

Respondent, United States of America, excepts to the libel on the ground that the court is without jurisdiction since libellant is not a resident of this district and the ship on which the deceased seaman was injured was not in this jurisdiction at the time the libel was filed. The libel is brought under the Suits in Admiralty Act, 46 U.S. C.A. § 741 et seq.

At the outset, libellant raises the point that the respondent is in default in the service of its answer and that by reason thereof the court may not consider its exceptions. It is unnecessary to pass upon the…