Legal Opinion

Pearson v. The Alsalfa

District Court, D. South Carolina

Decided December 14, 1890PublishedCited by 1 opinion

In Admiralty.

1Opinion of the CourtSimonton, J.

The libel is for seaman’s wages. Libelant moves for a warrant of arrest, as the vessel is about to proceed to sea. The only question is, can such a warrant b.e issued on Sunday? The law of South Carolina forbids the service of civil process on Sunday. This regulation is purely municipal, and can control only the process in the state courts. If it can be construed to apply to process on the law side of the courts of the United States, under section 914, Rev. St., it cannot be made to apply to process out of the court of admiralty, which is expressly excepted from this section. The question now…

2Cases cited3 opinions

  1. Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
  2. The Richard MattDistrict Court, N.D. Illinois · 1864
  3. Johnson v. The CyaneDistrict Court, D. California · 1870

3Cited by1 opinion

  1. United States v. HarbinDistrict Court, N.D. Mississippi · 1928

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