Legal Opinion

Allison v. The Steamer Lavelle Young

District Court, D. Alaska

Decided July 22, 1903No. 17Published

Admiralty. This is an action brought by the libelant to recover wages claimed to be due him for services as cook aboard the respondent steamer. Amount claimed, $658. The monition authorizing the seizure of the steamer issued August 11, 1900, and the case was duly proceeded in till the rendition of a decree in favor of libelant September 24, 1901, for the debt claimed, $658, for penalty for nonpayment of wages when due $66.66, together with costs.

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Admiralty. This is an action brought by the libelant to recover wages claimed to be due him for services as cook aboard the respondent steamer. Amount claimed, $658. The monition authorizing the seizure of the steamer issued August 11, 1900, and the case was duly proceeded in till the rendition of a decree in favor of libelant September 24, 1901, for the debt claimed, $658, for penalty for nonpayment of wages when due $66.66, together with costs. Afterwards, to wit, on the 3d day of July, 1902, this court (Wickersham, Judge) made an order upon petition filed, directing the marshal for the…

1Opinion of the Court

MOORE, District Judge.

The quéstion now presented to the court is as to the right of said claimants to have the said steamer released from the writ of venditioni exponas under the statement of facts contained in the petition, there being no answer filed to said petition. The facts recited in said petition may be considered as admitted by the libelant for the purpose of the case.

The right of the present claimants to have their vessel discharged from seizure in this case depends primarily upon section 941 of the Revised Statutes [U. S. Comp. St. 1901, p. 692], which reads as follows: *

“When, a…

2Cases cited4 opinions

  1. The White SquallU.S. Circuit Court for the District of Southern New York · 1857
  2. Roberts v. The HuntsvilleU.S. Circuit Court for the Southern District of Georgia · 1877
  3. The ThalesU.S. Circuit Court for the District of Southern New York · 1872
  4. Johnson v. The Hattie BellDistrict Court, D. Oregon · 1894

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