Legal Opinion
Providence Washington Ins. v. Wager
U.S. Circuit Court for the District of Northern New York
Decided February 28, 1888PublishedCited by 6 opinions
In Admiralty. Libel in personam.
1Opinion of the CourtCoxe, J.
This is a motion, in an action in personam, by the respond-
ent Charles E. Wager, for a stay pending an appeal to the supreme court, taken in an action in rem, growing out of the same facts. The Sidney, (Dist. Ct.,) 23 Fed. Rep. 88; The Sidney, (Cir. Ct.,) 27 Fed. Rep. 119. It is entirety clear that the suit in rem is not a bar to the present action. In view of the authorities it is, at least, doubtful whether the respondent is right in his theory that the libelants can, in the action in rem, by motion and amendment, obtain a decree in personam. But even if this can be done, it in nowise…
2Cases cited4 opinions
- The" Sabine"Supreme Court of the United States · 1880
- Newell v. Norton and ShipSupreme Court of the United States · 1866
- Hale v. Washington Ins.U.S. Circuit Court for the District of Massachusetts · 1842
- Staring v. Jessie Williamson, Jr.Supreme Court of the United States · 1883
3Cited by6 opinions
- Turner v. United StatesCourt of Appeals for the Second Circuit · 1928
- Benbow v. James JohnsOregon Supreme Court · 1910
- New York Scow Corp. v. OlsenCourt of Appeals for the Second Circuit · 1941
- Caine v. Seattle & Northern Railway Co.Washington Supreme Court · 1895
- Reynolds v. Browning, Wells & Co.Appellate Division of the Supreme Court of the State of New York · 1928
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