Taber v. Jenny
District Court, D. Massachusetts
This was a libel in admiralty, brought by the owners of the ship Hillman, of New Bed-ford, against the owners of the ship Zone, of Fairhaven, for damages by the alleged wrongful taking of a whale. The facts sufficiently appear in the opinion of the court. The respondents, in their answer, in addition to other grounds of defence, set up an award previous to the filing of the libel.
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This was a libel in admiralty, brought by the owners of the ship Hillman, of New Bed-ford, against the owners of the ship Zone, of Fairhaven, for damages by the alleged wrongful taking of a whale. The facts sufficiently appear in the opinion of the court. The respondents, in their answer, in addition to other grounds of defence, set up an award previous to the filing of the libel. The libellants admitted the fact of the award, but contended that it was invalid; first, because one of the referees had formed and expressed an opinion against them, before his appointment; and second, because the…
1Opinion of the Court
SPRAGUE, District Judge.
The first question is one of practice: the only pleadings are the libel and answer. According to the practice in this district, a replication, merely denying the truth of the answer, is not necessary; the allegations of the answer are deemed to be in issue, without such formal denial. The answer here sets up an award of referees, as a bar to the libel; the libel-lants not denying that such an award was made, insist that it was not binding, for two reasons; first, that one of the referees had prejudged the cause; second, that the award was made by an umpire, without…
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- D'AQUISTO v. Campbell IndustriesCalifornia Court of Appeal · 1984
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