Nathan Clifford, Commander-in-Chief — Opinion of the Court
“ Manifestly, where the prosecution is instituted by one or more parties for themselves and others not named, it would be more regular that it should be so averred in the libel; but as there can be only one prosecution for the same collision, it is not perceived that the omission of that averment can operate to the prejudice of the claimant. ”
Nathan Clifford, Commander-in-Chief — Opinion of the Court
“ Collision suits are frequently prosecuted by the owners of the injured vessel for damages to the cargo as well as to the vessel, and it does not appear that any serious embarrassment has grown out of the practice. ”
Nathan Clifford, Commander-in-Chief — Opinion of the Court
“ Persons appearing as claimants, or for the purpose of making defence in causes civil and maritime, are required, under all circumstances, to answer on oath or solemn affirmation, and the authorities are unanimous that the answer should be full, explicit, and distinct, to each separate article and allegation of the libel. [1] Claimants merely allege, in this case, that the vessel of the libellants lay in an improper manner, and in an improper place ”
