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29 F. Cas. 261

Warner v. Ralph Post

U.S. District Court

Decided July 15, 1862

U.S. District Court · decided 1862-07-15

<p>Case No. 17,187.</p> <p>Admiralty — Notice of Filing Answers.</p> <p>[If libelant's proctor negotiates the postponement of the trial, he cannot thereafter allege ignorance of the fact that the answer was on trial.]</p>

Decided 1862-07-15

¶1HELD

BY THE COURT:

¶2That the 88th rule does not require that knowledge of the filing of the answer should be imparted by formal notice in writing. His negotiating the postponement of the trial concludes him from alleging ignorance of the fact that the answer was on file. That on the proofs, the laches lies with the libelants, and not with respondents. Motion denied.

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