Legal Opinion

The Cleveland

District Court, D. Washington

Decided December 23, 1899PublishedCited by 4 opinions

In Admiralty. A libel in rem against the same vessel, by the same libelants, for the same causes of action, and by others for similar causes of action, having been heretofore dismissed, after the vessel had been taken into custody by the marshal, and released upon the giving of a bond pursuant to section 941, Kev.

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In Admiralty. A libel in rem against the same vessel, by the same libelants, for the same causes of action, and by others for similar causes of action, having been heretofore dismissed, after the vessel had been taken into custody by the marshal, and released upon the giving of a bond pursuant to section 941, Kev. St., conditioned to satisfy any decree which might be rendered in favor of the libelants, the claimant moved to dismiss the present suit, on the ground that the release of the vessel in the former suit freed her from any lien for the same causes of action. Motion granted.

1Opinion of the Court

HAUFOBD, District Judge.

This is a second suit in rem against the steamship Cleveland, by the libelants, to recover damages for the same cause of complaint. Upon a showing by affidavits, the court made an order allowing the libelants and others to sue in forma pauperis, and afterwards, upon evidence taken and submitted, *632the court determined that the affidavits alleging the poverty of the libelants, and their inability to pay costs or give security for costs, was untrue, and, considering that there had been an abuse of the process of court without any reasonable excuse, made an order dismissing…

2Cases cited5 opinions

  1. The PalmyraSupreme Court of the United States · 1827
  2. The Haytian RepublicSupreme Court of the United States · 1894
  3. United States v. AmesSupreme Court of the United States · 1879
  4. The William F. McRaeDistrict Court, E.D. Michigan · 1885
  5. Barnet Dumping Boat Co. v. The MutualDistrict Court, D. Connecticut · 1897

3Cited by4 opinions

  1. JK Welding Co. v. Gotham Marine CorporationDistrict Court, S.D. New York · 1931
  2. Nielsen v. RobynDistrict Court, E.D. New York · 1924
  3. The Morning StarDistrict Court, E.D. New York · 1933
  4. Platypus Marine, Inc. v. M/Y ALASKAN GRANDEUR, O.N. 1121333District Court, D. Alaska · 2024

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