O'Connell v. One Thousand & Two Bales of Sisal Hemp
District Court, S.D. Alabama
This was a libel by William H. O’Connell, master of the steamship Ravensdale, against 1,002 bales of Sisal hemp, claimed by Thebaud Bros., to enforce payment of freight. The cause was heard on exceptions to the amended libel, and on motion to strike out. For report of the decision on the merits, see 75 Fed. 410.
1Opinion of the Court
TO (JLMIN, District Judge.
Amendments in the pleadings are allowable in admiralty, in the discretion of the court, at any time until the termination of the cause, and it is in the discretion of the court to allow amendments even wit h, respect to matters of substance. But amendments are always limited by due consideration of the rights of the opposite party, and where, by the amendment, he would be prejudiced,-it is not allowed. The Edwin Post, 6 Fed. 206; The Imogene M. Terry, 19 Fed. 463; The Coroza!, 19 Fed. 655. A supplemental libel may be allowed to stand as an original libel. Henderson…
2Cases cited4 opinions
- The Imogene M. TerryDistrict Court, D. New Jersey · 1884
- Henderson v. Three Hundred Tons of Iron OreU.S. Circuit Court for the District of Southern New York · 1889
- The CorozalDistrict Court, E.D. Louisiana · 1884
- The Schooner Edwin PostDistrict Court, D. Delaware · 1881
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- Son Shipping Co., Inc. v. De Fosse & TangheCourt of Appeals for the Second Circuit · 1952
- Lowry & Co. v. S.S. Le Moyne D'IbervilleDistrict Court, S.D. New York · 1966
- E. H. Perry & Co. v. LangbehnTexas Supreme Court · 1923
- North Pac. Coast R. Co. v. HallCourt of Appeals for the Ninth Circuit · 1905
- Jones v. Cunard Steam Ship Co.Appellate Division of the Supreme Court of the State of New York · 1933