Jepson v. The America

D. New Jersey

Jepson v. The America

56 F. 1021, 1893 U.S. Dist. LEXIS 102

CourtDistrict Court, D. New Jersey

DecidedJune 20, 1893

StatusPublished

Cited by8 cases

This text of 56 F. 1021 (Jepson v. The America) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jepson v. The America, 56 F. 1021, 1893 U.S. Dist. LEXIS 102 (D.N.J. 1893).

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Opinion

GKEEN, District Judge.

This claim is a meritorious one, and should be paid. The services for which wages are claimed by the libelant were faithfully performed, and should be compensated for. But, unfortunately for the libelant, he has mistaken his remedy for the wrong done Mm. The libelant was employed simply as a ship-keeper or watchman of the dredge America, a domestic vessel, while she was lying in port. Such employment, and the consequent services rendered, are not maritime, and cannot be the basis of a maritime lien. The E. A. Barnard, 2 Fed. Rep. 712; The Island City, 1 Low. 375. The libel must therefore be dismissed.

In this case, however, the claimant has been guilty of laches. The libel was- duly tiled, and the cause proceeded regularly, to a decree pro confesso, and an order for sale of the dredge. Then, for the first time, does the claimant intervene, and asks the indulgence of the court, seeking to open the decree pro confesso, and to interpose the defense which has been made. Had the defense been different in character, it is very doubtful .whether the court would have interfered. But, having felt constrained to permit the defense to be made, it grants such permission to the claimant, but only upon the terms that the claimant shall pay all taxable costs thus far incurred by the libelant in the cause.

Upon payment of these costs, let the libel be dismissed.

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GKEEN, District Judge.

This claim is a meritorious one, and should be paid. The services for which wages are claimed by the libelant were faithfully performed, and should be compensated for. But, unfortunately for the libelant, he has mistaken his remedy for the wrong done Mm. The libelant was employed simply as a ship-keeper or watchman of the dredge America, a domestic vessel, while she was lying in port. Such employment, and the consequent services rendered, are not maritime, and cannot be the basis of a maritime lien. The E. A. Barnard, 2 Fed. Rep. 712; The Island City, 1 Low. 375. The libel must therefore be dismissed.

In this case, however, the claimant has been guilty of laches. The libel was- duly tiled, and the cause proceeded regularly, to a decree pro confesso, and an order for sale of the dredge. Then, for the first time, does the claimant intervene, and asks the indulgence of the court, seeking to open the decree pro confesso, and to interpose the defense which has been made. Had the defense been different in character, it is very doubtful .whether the court would have interfered. But, having felt constrained to permit the defense to be made, it grants such permission to the claimant, but only upon the terms that the claimant shall pay all taxable costs thus far incurred by the libelant in the cause.

Upon payment of these costs, let the libel be dismissed.

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56 F. 1021, 1893 U.S. Dist. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jepson-v-the-america-njd-1893.

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