The Duiveland

D. Massachusetts

The Duiveland

7 F. Cas. 1177

DecidedJuly 1, 1866

StatusPublished

This text of 7 F. Cas. 1177 (The Duiveland) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Duiveland, 7 F. Cas. 1177 (D. Mass. 1866).

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Opinion

Admiualtt Pbacitice — Setting Aside Default —Twenty-Ninth Admiualtt Hule—Actions in Rem.

1. Under the twenty-ninth admiralty rule, providing that in case of default, for not answering the libel, the court may. in its discretion, set aside such default, the defendant cannot apply to have a default set aside after a decree has been made which would give a right of appeal as from a final decree.

2. It was assumed that this and the fortieth rule apply as well to suits in rem as to those in personam.

[Decided by LOWELL, District Judge. Nowhere reported; opinion not now accessible. The statement of the points determined was taken from 2 Pars. Shipp. & Adm. 401.]

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Admiualtt Pbacitice — Setting Aside Default —Twenty-Ninth Admiualtt Hule—Actions in Rem.

1. Under the twenty-ninth admiralty rule, providing that in case of default, for not answering the libel, the court may. in its discretion, set aside such default, the defendant cannot apply to have a default set aside after a decree has been made which would give a right of appeal as from a final decree.

2. It was assumed that this and the fortieth rule apply as well to suits in rem as to those in personam.

[Decided by LOWELL, District Judge. Nowhere reported; opinion not now accessible. The statement of the points determined was taken from 2 Pars. Shipp. & Adm. 401.]

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Bluebook (online)

7 F. Cas. 1177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-duiveland-mad-1866.