The Illinois
District Court, D. Michigan
This was a motion by William Dixon, master of the propeller Illinois, to ojien a decree obtained by default, and for leave to answer. A libel for collision was filed against the propeller, September 3d, 185,1. The propeller was seized, and the usual stipulation given, to answer judgment, on the 15th of the same mouth.
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This was a motion by William Dixon, master of the propeller Illinois, to ojien a decree obtained by default, and for leave to answer. A libel for collision was filed against the propeller, September 3d, 185,1. The propeller was seized, and the usual stipulation given, to answer judgment, on the 15th of the same mouth. Certain dejio-sitions were taken in Cleveland on the 26th, and upon October 23d, no answer having been filed, although an appearance had been put in, a default was entered, and the cause referred to the clerk to assess damages. On October 25th he made his report, and on the 29th…
1Opinion of the Court
WILKINS, District Judge.
Upon the return day of the process in this case, twenty •days were taken by claimants to answer. At the expiration of this time, his counsel being engaged in the trial of a cause at Monroe, which had been unexpectedly prolonged, his default was taken, and a final decree was entered, October 29, 1855, for $1,920. Claimant’s counsel returned from Monroe a few days after the decree was entered, and at once took an appeal to the circuit court. This appeal was, however, dismissed upon the ground that an appeal would not lie upon a decree taken by default. He now moves the…
2Cases cited4 opinions
- Ashby v. GlasgowSupreme Court of Missouri · 1842
- Lindell v. President of the Bank of MissouriSupreme Court of Missouri · 1835
- Commonwealth v. ShanksCourt of Appeals of Kentucky · 1850
- Thompson v. WareCourt of Appeals of Kentucky · 1847