1 F. Cas. 43
U.S. District Court
Decided June 15, 1859
U.S. District Court · decided 1859-06-15
In admiralty. Exceptions to a libel for services rendered in towing the Acadia from Detroit to Lake Huron, in June, 1S57. [Overruled.] The libel alleged that the service ' was. maritime, and that the libellants had also a lien by virtue of the laws of Michigan when. the services were rendered. The warrant oí arrest was issued and placed in the hands of the late Marshal Fitch, after his term of office had expired.
Decided 1859-06-15
¶1It Is too late now to move the dismissal of the libel. The giving of a voluntary bond by the o.wner is a waiver of any defect in the service of the process. He. should have moved the discharge of the vessel before giving the bond. For the purpose of hearing motions the court is always open. The averments in the libel are sufficient, and the service is maritime.
¶2Exceptions overruled.