Bierne v. The Steam Boat Triumph
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter County, in a pro ceediog in the nature of admiralty. Libel to enforce a lien on a Steam Boat under the act of" 1836. [Aik. Dig., 2 Ed. 604.] The libel was filed on the 20th February, 1838, and prays the.condemnation of the Steam Boat for the value of certain goods shipped and not delivered.
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Appeal from the Circuit Court of Sumter County, in a pro ceediog in the nature of admiralty. Libel to enforce a lien on a Steam Boat under the act of" 1836. [Aik. Dig., 2 Ed. 604.] The libel was filed on the 20th February, 1838, and prays the.condemnation of the Steam Boat for the value of certain goods shipped and not delivered. A writ of seizure issued on the same day, and in this writ is the following clause : “ Whereof, you will given due monition to the claitaants of said Steam Boat, &c.,'and others interested'therein.” The sheriff returned, that he had seized, the Steam Boat on the 7th…
1Opinion of the CourtGoldthwaite, J.
— In our opinion the judgment of the Circuit Court, sotting aside the previous judgment by default and dismissing the libel cannot be sustained.
The principal argument which has been urged against the regularity of the judgment by default, is, that no. writ of monition was ever issued by the clerk. If, in point of fact, a monition had never issued this would hot be a sufficient cause to dismiss the libel as the usual course of practice in admiralty Courts, is never to send the party out of Court so long as the proceedings can be made perfect by amendment, whether in form or substance.
The…
2Cases cited4 opinions
- Brig Caroline, William Broadfoot v. The United StatesSupreme Court of the United States · 1813
- The HarmonyU.S. Circuit Court for the District of Massachusetts · 1812
- Livingston v. Steam-Boat TallapoosaSupreme Court of Alabama · 1839
- Orne v. TownsendU.S. Circuit Court for the District of Massachusetts · 1827
3Cited by3 opinions
- Cordrey v. SteamshipOregon Supreme Court · 1922
- George v. Skeates & Co.Supreme Court of Alabama · 1851
- King v. SealsSupreme Court of Alabama · 1871