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159 F. 800

The Ucayali

New York Eastern District Court

Decided March 13, 1908.)

New York Eastern District Court · decided 1908-03-13

<p>Admiralty — Jurisdiction op Courts — Suit by Alien Against Foreign Ves'SEL.</p> <p>The right to object to the assumption of jurisdiction by a court of admiralty of the United States in a suit by a foreign subject against a vessel of his own country is waived by a general appearance and the filing of an answer by the claimant.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 1, Admiralty, §§ 200-204.]</p>

Cited by 2 later decisions — most recently November 1908

2 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1908-03-13

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¶1Admiralty — Jurisdiction op Courts — Suit by Alien Against Foreign Ves'SEL.

¶2The right to object to the assumption of jurisdiction by a court of admiralty of the United States in a suit by a foreign subject against a vessel of his own country is waived by a general appearance and the filing of an answer by the claimant.

¶3[Ed. Note. — For eases in point, see Cent. Dig. vol. 1, Admiralty, §§ 200-204.]

¶4In Admiralty.

¶5Robert W. Imbrie, for libelant.

¶6Whitridge, Butler & Rice, for claimant.

¶7CHATFIELD, District Judge.

¶8The right to object to an assumption of jurisdiction by this court seems to have been settled by the general appearance and answer on the part of the claimant. As to whether the court will exercise jurisdiction to the extent of granting any relief, or as to whether the matter, if disposed of upon, the merits, •can give any further relief to the libelant than what was given him by the British consul, is a question that cannot be determined upon affidavits. The statement is made that some depositions have been taken in the case, and the court sees no solution except to bring the matter up for trial. This can be done now in the near future.

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