Cape Fear Towing & Transportation Co. v. Pearsall
Court of Appeals for the Fourth Circuit
Appeal from Hie District Court of the United Slates for the Eastern District of North Carolina. This case comes up on appeal from tlie district court of the United States for the Eastern district of North Carolina, sitting in admiralty. The libel is filed on behalf of Edward Pearsall, engineer, and John S. Brogan, fireman, of tlie steamtug Jacob Brandow, and J. N. St. George, cook of tlie steamtug Blanche, and Ephraim Swain, fireman of the steamtug Alexander Jones.
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Appeal from Hie District Court of the United Slates for the Eastern District of North Carolina. This case comes up on appeal from tlie district court of the United States for the Eastern district of North Carolina, sitting in admiralty. The libel is filed on behalf of Edward Pearsall, engineer, and John S. Brogan, fireman, of tlie steamtug Jacob Brandow, and J. N. St. George, cook of tlie steamtug Blanche, and Ephraim Swain, fireman of the steamtug Alexander Jones. These throe tugs were engaged in salving the steamship Ardrishaig on the 27th of January, 1897, ashore on the east side of Frying…
1Opinion of the CourtSimonton, Circuit Judge
(after stating the facts). The twenty-ninth rule of the circuit court in admiralty provides as follows:
“If the defendant shall omit or refuse to make due answer to- the libel upon the return day of the process, or other day assigned by the court, the' court shall pronounce him to be in contumacy and default; and thereupon the libel shall be adjudged to be taken pro confesso against him, and the court shall proceed to hear the cause ex parte and adjudge therein as to law *437and justice shall appertain. But the court may, in its discretion, set aside the default, and, upon the application of the…
2Cases cited23 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Miller v. United StatesSupreme Court of the United States · 1871
- Mason v. Ship BlaireauSupreme Court of the United States · 1804
- Central Trust Co. v. Grant Locomotive WorksSupreme Court of the United States · 1890
- Ohio Central R. Co. v. Central Trust Co. of NYSupreme Court of the United States · 1890
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3Cited by12 opinions
- Waterman SS Corporation v. DeanCourt of Appeals for the Fourth Circuit · 1948
- The ShreveportDistrict Court, E.D. South Carolina · 1930
- Jenkins S. S. Co. v. PrestonCourt of Appeals for the Sixth Circuit · 1911
- United States v. MorganCourt of Appeals for the Fourth Circuit · 1900
- Breving v. Lloyd CuartoDistrict Court, N.D. California · 1949
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