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27 F. 400

Thomas v. Thorwegan

Tennessee Western District Court

Decided March 23, 1886.)

Tennessee Western District Court · decided 1886-03-23

<p>Admiralty Practice—Juratory Caution or Pauper’s Oath.</p> <p>Poor persons may sue in the admiralty, without giving security for the costs, on complying with the practice of the court for giving the juratory caution, which practice is explained.</p>

Cited by 1 later decisions — most recently March 1888

1 district ·

1 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1886-03-23

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¶1Admiralty Practice—Juratory Caution or Pauper’s Oath.

¶2Poor persons may sue in the admiralty, without giving security for the costs, on complying with the practice of the court for giving the juratory caution, which practice is explained.

¶3In Admiralty.

¶4Gantt & Patterson, for libelant.

¶5Hammond, J.

¶6This is an application to sue for personal injuries upon taking the pauper’s oath. So far as it is a libel in rem against the steam-boat, the pleading must be reformed, as there can be no joinder of actions in personam and in rem in cases like this. Admiralty Eule 16. Otherwise the proceeding seems to be correct, and conforms to the practice and forms prescribed by this court for allowing poor persons to sue in the admiralty without security for costs. Southworth v. Adams, 2. Flippin, 282, in notis; Bradford v. Bradford, 2 Flippin, 282. The clerk will file the libel and issue process on the libelant taking the required oath as was done in that case. So ordered.

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