Phillips v. United States

OLIVER J. CARTER, Judge.

Respondent’s motion to dismiss the first amended libel turns upon whether the practice of suing parties by fictitious names is permissible in an admiralty suit.

One of libelant’s proctors sets forth by affidavit that libelant came to his office about three days before the statute of limitations would have become a bar to libelant’s suit, and informed him that libelant was injured while working as a stevedore aboard the S. S. Cape Clear; that the first information given to libel-*914ant’s proctor as to the ownership of that vessel was that the vessel was owned by the United…