The Bella
District Court, D. New Jersey
In Admiralty. Suit by the Morse Dry Dock & Repair Company against the steamship Bella. On petition of Aymar Johnson, claimant, to set aside sale.
1Opinion of the Court
UYNCH, District Judge.
The petitioner prays that the sale of the steamship Bella, under an order of this court dated July 6, 1920, be set aside, that the order confirming said sale be vacated, and that the petitioner be permitted to appear and defend the cause of action.
[1] It is asserted that the decree of the court in the matter cannot at this time be vacated, because it was entered at a prior term of court. In support of this assertion a line of cases is cited which hold that judgments and final decrees cannot be vacated or opened at a succeeding term of court. In the instant case the…
2Cases cited2 opinions
- Thompson v. McIntoshDistrict Court, E.D. New York · 1900
- Storey v. StoreyDistrict Court, W.D. Wisconsin · 1915
3Cited by4 opinions
- Alfred J. Ghezzi, Jr. v. Foss Launch and Tug CompanyCourt of Appeals for the Ninth Circuit · 1963
- Afghan Motor Co. v. M. V. SilverashDistrict Court, S.D. New York · 1942
- Alfred J. Ghezzi, Jr. v. Foss Launch and Tug CompanyCourt of Appeals for the Ninth Circuit · 1963
- In re the Wages of SwopeDistrict Court, N.D. California · 1961