Legal Opinion

The Waverly

District Court, E.D. Wisconsin

Decided June 15, 1877PublishedCited by 3 opinions

In admiralty. This was a libel for seaman’s wages. The libel alleged that about the 5th day of October, 1876, the steamer Waverly was lying at the port of Cleveland, bound on a voyage to Chicago, and thence back to Buffalo; that the master hired libellant to serve on board the steamer as a seaman, at stipulated monthly wages; that libellant signed shipping articles, and in pursuance thereof went on board and entered into the service of the steamer.

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In admiralty. This was a libel for seaman’s wages. The libel alleged that about the 5th day of October, 1876, the steamer Waverly was lying at the port of Cleveland, bound on a voyage to Chicago, and thence back to Buffalo; that the master hired libellant to serve on board the steamer as a seaman, at stipulated monthly wages; that libellant signed shipping articles, and in pursuance thereof went on board and entered into the service of the steamer. That about the 7th of October, and while the steamer was at sea, the libel-lant was, by sickness, rendered unable to perform the duties of a…

1Opinion of the Court

DYER, District Judge.

The point made in this case is, that inasmuch as the preliminary proceedings authorized by sections 4546 and 4347 of the Revised Statutes, were not taken previous to the filing of the libel, the court has not jurisdiction to proceed with the cause; and the question submitted for decision is, whether in a case touching seamen’s wages, it is necessary that this preliminary proceeding, should be taken, before a libel can be filed and monition issued.

The present statute, in relation to these preliminary proceedings, is substantially like the act of 1790.

There are some changes…

2Cited by3 opinions

  1. The Schooner Edwin PostDistrict Court, D. Delaware · 1881
  2. Murray v. Ferry-Boat F. B. NimickDistrict Court, W.D. Pennsylvania · 1880
  3. The Frank C. BarkerDistrict Court, D. New Jersey · 1884

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