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14 F. Cas. 433

Ketland v. Lebering

U.S. District Court

Decided April 15, 1808

U.S. District Court · decided 1808-04-15

■ This was an appeal from the district court. The libel stated, that John Lebering was shipped on board of the Mercury, at Philadelphia, upon a voyage to the river La Plata, and back: that he performed his duty as a mariner on board the said vessel, until she was captured by a British cruiser, when the said Lebering was taken from the said vessel, by the captors, and that the vessel was condemned as prize, by the vice admiralty court at Halifax; which sentence was reversed…

Decided 1808-04-15

WASHINGTON, Circuit Justice.

¶1We can entertain no doubt, that Jno. Lebering, the intestate, was a mariner on board this vessel. He was sometimes called Lebrun, and sometimes Lebring; but we know, by every day’s experience, that a false pronunciation of surnames is frequently given, particularly with a view to the abridgement of them. It being proved that there was but one person on board, whose name resembled Lebring. or Lebering, it is impossible that the appellant can ever be made liable by any other person, of the name of Lebering, for the wages now claimed. Though it is not proved that John Lebering is dead, yet we must taae the fact to be so, as the appellee has duly obtained uttermost administration upon his estate. Decree affirmed.

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