In re Myers

S.D. New York

In re Myers

74 F. Supp. 154, 1947 U.S. Dist. LEXIS 2044

CourtDistrict Court, S.D. New York

DecidedJune 12, 1947

StatusPublished

Cited by2 cases

This text of 74 F. Supp. 154 (In re Myers) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Myers, 74 F. Supp. 154, 1947 U.S. Dist. LEXIS 2044 (S.D.N.Y. 1947).

Pincite

Opinion

COXE, District Judge.

This is a petition for the release of seaman’s wages, $177.65, now in the registry of the Court.

The petition is resisted by the United States Attorney appearing on behalf of the Government on the alleged ground that the wages have been forfeited by reason of the petitioner’s desertion. The petitioner denies, that he deserted and has chosen to proceed by motion, giving notice to- the parties interested.

[155]*155This method of procedure seems to be 'authorized by 46 U.S.C.A. § 705. In re Zanicki, D.C., 65 F.Supp. 447. The issue is, however, purely one of fact, and cannot properly be determined on affidavits. The case will therefore be referred to the Admiralty Part, where it should be tried in .regular course.

Free access — add to your briefcase to read the full text and ask questions with AI

COXE, District Judge.

This is a petition for the release of seaman’s wages, $177.65, now in the registry of the Court.

The petition is resisted by the United States Attorney appearing on behalf of the Government on the alleged ground that the wages have been forfeited by reason of the petitioner’s desertion. The petitioner denies, that he deserted and has chosen to proceed by motion, giving notice to- the parties interested.

[155]*155This method of procedure seems to be 'authorized by 46 U.S.C.A. § 705. In re Zanicki, D.C., 65 F.Supp. 447. The issue is, however, purely one of fact, and cannot properly be determined on affidavits. The case will therefore be referred to the Admiralty Part, where it should be tried in .regular course.

Cite This Page — Counsel Stack

Bluebook (online)

74 F. Supp. 154, 1947 U.S. Dist. LEXIS 2044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-myers-nysd-1947.

Opinion

Related

Cite This Page — Counsel Stack