The Gloria
District Court, S.D. New York
In Admiralty. Suit for collision by the United States against the steamship Gloria, the Aktiebolaget Urania, claimant, with cross-libel against the steamship Freedom. On motion by libelant to declare the Freedom immune from arrest and to dismiss cross-libel, and by crosslibelant for stay until the giving of security.
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In Admiralty. Suit for collision by the United States against the steamship Gloria, the Aktiebolaget Urania, claimant, with cross-libel against the steamship Freedom. On motion by libelant to declare the Freedom immune from arrest and to dismiss cross-libel, and by crosslibelant for stay until the giving of security. Those are two motions; the first by the United States to declare the steamship Freedom immune from arrest under the cross-libel, and to dismiss the same; the second by the claimant in the first libel (cross-libelant In the second) for a stay of all proceedings under the principal…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above).
[ 1 ] The cross-libel, though in rem, is directed against a vessel which for the present is immune from any possible process of this court, not alone because it is outside the jurisdiction, but because it is a ship owned by and in the possession of the United States. The Siren, 7 Wall. 152, 19 L. Ed. 129. It is true that a valid lien has arisen against her if the allegations of the cross-libel be true, and that that lien would survive the transfer of possession by the United States; but for the present the libel hangs in the air. The libelant’s motion to…
2Cases cited4 opinions
- The SirenSupreme Court of the United States · 1869
- Empresa Maritima a Vapor v. North & South American Steam Navigation Co.District Court, S.D. New York · 1883
- The BristolDistrict Court, S.D. New York · 1870
- The ToledoDistrict Court, E.D. Michigan · 1873
3Cited by13 opinions
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- The Western MaidSupreme Court of the United States · 1922
- Ernest E. Burgess v. M/v Tamano, Appeal of United States of AmericaCourt of Appeals for the First Circuit · 1977
- Kingdom of Norway v. Federal Sugar Refining Co.District Court, S.D. New York · 1923
- The Ceylon MaruDistrict Court, D. Maryland · 1920
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