Legal Opinion
The Dawn
District Court, S.D. Alabama
Decided February 7, 1914No. 1,448Published
In Admiralty. Suit by the Mobile Barge Company against the Mobile Towing & Wrecking Company and the tug Dawn. On exceptions to libel for misjoinder.
1Opinion of the Court
TOULMIN, District Judge.
Judge Brown, of the District Court of the United States for the Southern District of New York, in his opinion in The Monte A, 12 Fed. 331, held that:
“Under rule 46 of the Supreme Court rules in admiralty [29 Sup. Ct. xliv] an •action in rem may be joined with an action in personam against the master or owners for breaches of contracts of affreightment or charter parties. The same is true in other cases not expressly provided for under the Supreme Court rules in accordance with the prior and subsequent practice of the district courts.”
And the court said:
“Those rules,…
2Cases cited8 opinions
- The CorsairSupreme Court of the United States · 1892
- The Monte A.District Court, S.D. New York · 1882
- The DirectorDistrict Court, D. Oregon · 1886
- The Thomas P. SheldonDistrict Court, D. Rhode Island · 1902
- Moore v. KimballCourt of Appeals for the Fifth Circuit · 1895
3 more not listed; retrieve them via the Exa API.