Legal Opinion
Lochmore S. S. Co. v. Hagar
District Court, E.D. Pennsylvania
Decided January 22, 1897No. 57PublishedCited by 3 opinions
This was a libel in admiralty by'the Lochmore Steamship Company, Limited, owner of the steamship Kilmore, against Walter F. Hagar and John H. Thompson, trading as W. F. Hagar & Co. The canse was heard on motion to vacate security on the cross-libel.
1Opinion of the Court
BUTLER, District Judge.
Rule 58 reads as follows:
“Whenever a cross-libel is filed upon any counter claim arising out of the same cause of action for which the original libel was filed, the respondents in the cross-libel shall give security in the usual amount and form, to respond in damages, as claimed in said cross-libel, unless the court on cause shown shall otherwise direct; and all proceedings on the original libel shall be stayed until such security is given.”
It is thus seen that the language of the rule applies to all cases of cross-libel. In Refining Co. v. Funch, 66 Fed. 342, the court…
2Cases cited1 opinion
- Franklin Sugar-Refining Co. v. FunchDistrict Court, E.D. Pennsylvania · 1895
3Cited by3 opinions
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- Genthner v. WileyDistrict Court, D. Massachusetts · 1898
- Interstate Lighterage & Transportation Co. v. Newtown Creek Towing Co.District Court, E.D. New York · 1919