Rawson v. Lyon

There is no question that the ordinary practice in admiralty has long been to require a stipulation for costs from a respondent on entering his appearance and answering in an action in personam. Judge Betts, in his book on Admiralty Practice, says: “This stipulation must be filed when a defendant comes in to defend, although the first process was a citation and not a warrant.” Page 40. This is in accordance with the ancient practice. Clerke, Praxis, tits. 5, 11; Pharo v. Smith, 18 How. Pr. 47. When suits were commenced by warrant, rule 17 of this court expressly required bail to *832be taken for…