Morse Ironworks & Dry Dock Co. v. Luckenbach

Citations

• 123 F. 332
• 1903 U.S. Dist. LEXIS 234

Syllabus

<p>1. Admiralty—Requiring Security from Respondent in Cross-Libel—Fifty-Third Rple.</p> <p>Admiralty rule 53, providing that when a cross-libel is filed on a counterclaim the respondents in the cross-libel shall give security to respond in damages, “unless the court on cause shown shall otherwise direct,” and that proceedings on the original libel shall be stayed until such security shall be given, is broad enough to cover cases where the original libel is in personam, but such security will not be required where it would be manifestly unjust, as where it appears from the pleadings and proofs that the claim of the cross-libelant is not one upon which he can recover an affirmative judgment.</p>