Snow v. Edwards
District Court, D. Massachusetts
Review in admiralty. A libel for wages of the libellant’s minor son on two fishing voyages was filed in December, 1871. The marshal returned personal service on the defendant [Joseph Edwards], and he was defaulted; and, after an ex parte hearing, a decree was rendered for the libellant, [Ephraim Snow] Jan. 18, 1872, and execution was issued after the lapse of ten days thereafter.
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Review in admiralty. A libel for wages of the libellant’s minor son on two fishing voyages was filed in December, 1871. The marshal returned personal service on the defendant [Joseph Edwards], and he was defaulted; and, after an ex parte hearing, a decree was rendered for the libellant, [Ephraim Snow] Jan. 18, 1872, and execution was issued after the lapse of ten days thereafter. On the 4th of February the defendant in that suit petitioned for a stay of proceedings and a review, on affidavit that he had received no notice of the action, and had a valid defence to the merits thereof. Upon this…
1Opinion of the Court
LOWELL, District Judge.
Doubts have sometimes been expressed whether an admir*727alty court could vary its own decrees. But it will be found that, with the exception of two decisions in the court of appeal in prize causes, those doubts have been thrown out in cases which called for no decision of the question, and that, whenever the point itself has been passed upon, the power has been found to exist, and has been exercised.
The earliest recorded doubts, and those which have exercised the greatest influence on the minds of succeeding judges, are those of Lord Stowéll, expressed in The Vrou Hermina,…
2Cited by4 opinions
- Thompson v. McIntoshDistrict Court, E.D. New York · 1900
- The Frederick Der GrosseDistrict Court, S.D. New York · 1929
- The MadgieDistrict Court, S.D. Alabama · 1887
- Pettit v. One Steel LighterDistrict Court, E.D. New York · 1900