The San Jose Indiano
U.S. Circuit Court for the District of Massachusetts
This was a prize cause, coming before this court on appeal from the district court of Maine. The cargo was claimed by the master in behalf of twenty-six different shippers, including a claim for his own adventure; and the ship was claimed by him as the property of Da Costa, Guimaraens and Co. of Liver pool.
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This was a prize cause, coming before this court on appeal from the district court of Maine. The cargo was claimed by the master in behalf of twenty-six different shippers, including a claim for his own adventure; and the ship was claimed by him as the property of Da Costa, Guimaraens and Co. of Liver pool. At the opening of the cause, Pitman, for the captors, stated, that in the court below the claimant had been permitted to examine the papers before filing the claim, and he produced the record, from which it appeared, that an objection to this course, made by the captors, was overruled by…
1Opinion of the Court
STORX, Circuit, Justice.
This is contrary to the ordinary- practice. In general, the claimant must make his claim and affidavit, without being assisted by the papers in shaping them, and if they be found substantially to agree with the documents, he will after-wards be permitted to correct any formal errors from the documents themselves. But in special cases, where a proper ground is laid by affidavits, an order will be .made for an examination of such papers, as are necessary to a party to make a proper specification of his own claim, but not for a general examination of all the ship’s…
2Cited by1 opinion
- The AltaCourt of Appeals for the Ninth Circuit · 1905