Legal Opinion

The Nora

District Court, S.D. Florida

Decided January 7, 1910PublishedCited by 7 opinions

In Admiralty. Suit by Eliza Wilson against the steamship Nora. On exceptions to libel and motion to amend.

1Opinion of the Court

LOCKE, District Judge.

The distinction between a libel in rem and in personam is too well established to require extended argument. The one is a demand and claim against the ship itself, and incidentally against the owners and all parties interested in the ship, not as persons against whom an action is brought, but as against their interest in the vessel, and who are therefore entitled to represent the vessel in defending the res from a judgment. The jurisdiction in action in rem is only given by attachment and bringing the vessel into the custody of the court, and no valid decree can be…

2Cases cited6 opinions

  1. The CorsairSupreme Court of the United States · 1892
  2. Chamberlain v. WardSupreme Court of the United States · 1859
  3. The Monte A.District Court, S.D. New York · 1882
  4. The Ship Virgin v. VyfhiusSupreme Court of the United States · 1834
  5. Moore v. KimballCourt of Appeals for the Fifth Circuit · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Logue Stevedoring Corp. v. The Dalzellance. The Grace A. Dalzell. The Lloyd H. Dalzell. The Joseph AlstonCourt of Appeals for the Second Circuit · 1952
  2. Marshall v. Westfal, Larsen & Co.District Court, S.D. Georgia · 1924
  3. The SilverwayDistrict Court, S.D. Georgia · 1926
  4. The MerrimacDistrict Court, S.D. Florida · 1917
  5. The City of SingaporeDistrict Court, S.D. New York · 1946

2 more not listed; retrieve them via the Exa API.

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