Legal Opinion
Carpenter v. Tietjen & Lang Dry Dock Co.
Court of Appeals for the Second Circuit
Decided December 6, 1922No. 59PublishedCited by 13 opinions
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). It is difficult to review a matter that went through the trial court in defiance of all procedural law.
For instance, it is settled that when the owner, or person entitled to claim, defaults on the return day of process under a libel in rem. such default is a formal admission by him of the truth of the allegations of the libel, and of a lien in libelant’s favor on the vessel itself. The Water Witch (C. C.) 44 Fed. 95, per Wallace, J.
Of course, such default may be collusive, and for the very purpose of establishing as a lien something entitled to no…
2Cases cited7 opinions
- Morgan's Assignees v. ShinnSupreme Court of the United States · 1873
- The Guiding StarUnited States Circuit Court · 1883
- The Two MarysDistrict Court, S.D. New York · 1882
- The NatchezDistrict Court, E.D. Louisiana · 1916
- Rostron v. The Water WitchU.S. Circuit Court for the District of Southern New York · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- International Refugee Organization v. Maryland Drydock Co. The San FranciscoCourt of Appeals for the Fourth Circuit · 1950
- Payne v. SS Tropic BreezeCourt of Appeals for the First Circuit · 1970
- Challenger, Inc. v. Robert S. DurnoCourt of Appeals for the Fifth Circuit · 1956
- United States v. Jersey-American S. S. Co.District Court, E.D. New York · 1932
- The M. Vivian PierceDistrict Court, D. Massachusetts · 1931
8 more not listed; retrieve them via the Exa API.