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7 F. Cas. 1177

The Duiveland

Massachusetts District Court

Decided July 1, 1866

Massachusetts District Court · decided 1866-07-01

<p>Case No. 4,122.</p> <p>[See Scott v. The Young America, Case No. 12,050.]</p>

Decided 1866-07-01

¶1Admiualtt Pbacitice — Setting Aside Default —Twenty-Ninth Admiualtt Hule—Actions in Rem.

¶21. Under the twenty-ninth admiralty rule, providing that in case of default, for not answering the libel, the court may. in its discretion, set aside such default, the defendant cannot apply to have a default set aside after a decree has been made which would give a right of appeal as from a final decree.

¶32. It was assumed that this and the fortieth rule apply as well to suits in rem as to those in personam.

¶4[Decided by LOWELL, District Judge. Nowhere reported; opinion not now accessible. The statement of the points determined was taken from 2 Pars. Shipp. & Adm. 401.]

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