Campbell v. The Uncle Sam
U.S. Circuit Court for the District of Northern California
Appeal from the district court of the United States for the northern district of California. [In admiralty. Libel by Campbell and others against the steamship Uncle Sam for extra seamen’s wages. There was a decree for libelants in the district court (Case No. 2,371), and the claimants of the vessel appeal.]
1Opinion of the Court
McALLISTEB., Circuit Judge.
In this case, as in every other, the libelants must recover on the allegations in their libel; and the respondents must rely exclusively on the grounds they have selected in their answer. Such is the rule recognized by the supreme court of the United States in Rich v. Lambert, 12 How. [53 U. S.] 347. The rigid enforcement of this rule is important in order to prevent surprise to either party. The allegations of the libel are, that the libelants shipped on board the Uncle Sam as seamen, signed shipping articles, and in pursuance thereof entered on board the said…
2Cited by2 opinions
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