Phipps v. Lopez
District Court, S.D. Alabama
In Admiralty. Libel for supplies on open account. A decree pro confesso was rendered against the schooner, whereupon the libelant’s proctor moved tho court for a final decree for the sum sued for as set up in the libel, without further proof in support of the claim.
1Opinion of the Court
Toulmin, J.,
(orally.) When the court adjudges a libel to betaken pro confesso, and proceeds to hear the cause ex parte, as provided for in admiralty rule 20, the ex parte hearing may take place at the time of the default, or on a future day in court, as the court may direct. The more usual course is to refer the matter to a commissioner to hear the parties, and make report thereon to the court. Ben. Adm. §§ 449-452; 2 Conk. *96Adm. 178,191. The decree pro confesso is an interlocutory decree against the defendant or claimant, as the case may be. It is not a final decree, “such a decree as he can…
2Cases cited1 opinion
- Miller v. United StatesSupreme Court of the United States · 1871
3Cited by6 opinions
- Point Landing, Inc., Intervenor v. Alabama Dry Dock & Shipbuilding CompanyCourt of Appeals for the Fifth Circuit · 1958
- Jenkins S. S. Co. v. PrestonCourt of Appeals for the Sixth Circuit · 1911
- Afghan Motor Co. v. M. V. SilverashDistrict Court, S.D. New York · 1942
- The W. Talbot DodgeDistrict Court, S.D. New York · 1926
- United States v. 789 Packages of WhiskyDistrict Court, S.D. New York · 1926
1 more not listed; retrieve them via the Exa API.