The Sarah Ann
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 a case of an appeal from a pro forma decree of the district court, sitting in admiralty, dismissing the suit. [Case unreported.] The original libel was a proceeding in rem in the nature of a petitory suit in the admiralty, for the ascertainment and establishment of the title of the libellants (The New England Marine Insurance Company) to the proprietary interest of the brig…
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[Appeal from the district court of the United States for the district of Massachusetts.] This was a case of an appeal from a pro forma decree of the district court, sitting in admiralty, dismissing the suit. [Case unreported.] The original libel was a proceeding in rem in the nature of a petitory suit in the admiralty, for the ascertainment and establishment of the title of the libellants (The New England Marine Insurance Company) to the proprietary interest of the brig Sarah Ann, and, as consequent thereon, for a decree for the possession of the vessel. It appeared from the proceedings and…
1Opinion of the Court
STORY, Circuit Justice.
1 regret, that the pleadings in this case do not present, all the points made in argument in a clear and definite form. The old course of practice, indeed, was to introduce additional matters by way of replication and rejoinder; but the modern and certainly the better practice, is to present new facts, when rendered necessary, in an amendment of the libel and answer, as is the ordinary course in chancery. There is, too, a want of certainty and precision in some of the allegations on both sides, which is somewhat embarrassing; for, although the admiralty proceedings do…
2Cited by20 opinions
- The " Potomac"Supreme Court of the United States · 1882
- Bailey v. SundbergCourt of Appeals for the Second Circuit · 1892
- Oceanic Steam Nav. Co. v. The AuraniaDistrict Court, S.D. New York · 1886
- Nevers v. HackIndiana Supreme Court · 1894
- Southard v. BradyU.S. Circuit Court for the District of Southern New York · 1888
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