Orne v. Townsend
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] This was an appeal from the sentence of the district court, in a case for mariner’s wages. • The suit was brought by a libel in personam against the appellant [Joshua Orne], who was master of the ship.
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[Appeal from the district court of the United States for the district of Massachusetts.] This was an appeal from the sentence of the district court, in a case for mariner’s wages. • The suit was brought by a libel in personam against the appellant [Joshua Orne], who was master of the ship. The allegations of the libel state, that the libellant [Jacob Townsend], on or about the first day of February last, shipped on board the ship Aero-naut then lying at Boston, as steward, on a voyage from thence to the West Indies, and thence to Europe, and thence back again to Boston, at the rate of…
1Opinion of the CourtStory, Circuit Justice
(after stating the facts). The description of the voyage, in the shipping paper, differs in terms, though not in substance, from that in the libel. But there Is no dispute between the parties, that the actual voyage was performed in the manner stated in the libel, and that the rate of wages, and time of shipment, are truly stated. The defence turns upon other considerations, to which I shall immediately advert. I wish, however, to state a few words on the proper form of the libel and answer, in cases of this nature, since they are often drawn with too little precision and accuracy to put the…
2Cited by1 opinion
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