Legal Opinion

The Delaware

District Court, S.D. New York

Decided January 15, 1846PublishedCited by 1 opinion

On. the attachment of the vessel at the suit: of the libellant, a stipulation was entered into by him and Edward R. L’Amoreux, ac- * cording to the course of this court, in the sum of two hundred and fifty dollars, to secure the costs of suit, if decreed against the libellant. On a hearing of the cause, upon the merits, on the 15th day of April last, the libel was dismissed, and costs to be taxed were adjudged in favor of the claimant of the vessel.

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On. the attachment of the vessel at the suit: of the libellant, a stipulation was entered into by him and Edward R. L’Amoreux, ac- * cording to the course of this court, in the sum of two hundred and fifty dollars, to secure the costs of suit, if decreed against the libellant. On a hearing of the cause, upon the merits, on the 15th day of April last, the libel was dismissed, and costs to be taxed were adjudged in favor of the claimant of the vessel. On the 24th day of October, an order or decree was entered requiring the above stipulators to fulfill their undertaking, or show cause on a day…

1Opinion of the Court

BETTS, District Judge.

It is to be remarked that L’Amoreux, one of the stipula-tors, was merely surety in the stipulation, and that the original costs are not taxed or decreed eo nomine against him, otherwise than as they are the subject of the condition of the stipulation, which the decree directs to-be fulfilled. The remedy, whatever it may be, under the decree upon the stipulation, is not to be in consonance with the statute law or practice of the state courts, but is to be governed by the rules of the supreme court of the United States, or of this court, if any apply to it, and if not,…

2Cases cited1 opinion

  1. Olcott v. LillyNew York Supreme Court · 1809

3Cited by1 opinion

  1. Gilman v. JoseloffSupreme Court of Connecticut · 1949

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