(Download) "Newell v. Norton and Ship" by United States Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Newell v. Norton and Ship
- Author : United States Supreme Court
- Release Date : January 01, 1865
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
'I have considered the evidence with much care; it is very conflicting; and an opinion founded upon one portion of it must necessarily be hostile to conclusions which have their support in another portion. I think it is a case in which men may naturally form different conclusions, and that an appeal is a very proper remedy for the party who is aggrieved. A re-hearing of the case would not speed the cause to its final determination; and, upon the suggestions that the decree is erroneous, I do not think I should be authorized to allow a re-hearing.' The case was now here on appeal. Mr. Speed, A. G., and Mr. Ashton, acting as private counsel, for the appellants: It has never been decided nor recognized as a principle of admiralty practice that the misjoinder of actions can be cured by putting the libellant to his election. The libel ought to have been dismissed, and then the party asserting himself to be aggrieved could have filed his libel rightly. Before the adoption of the admiralty rules of 1845, the proceeding in rem could not be joined with a suit in personam; and the right to unite these distinct remedies in the same libel is given solely by virtue of these rules. By authorizing the two remedies to be blended in the same libel they made an innovation in established practice, and the libellant must have complied literally with their provision. The amending of a libel, all wrong originally, was improper.
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