The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-05
United States District Contradictions 4
Admiralty.

Admiralty.
DEFAULT-ENGAGEMENT OF CoUNsEL-ABsENCE OF
PARTY.
Before Judge Belts.
Chyisopher r. Robert ct al vs Jose A. De Moro This
cause was called in its order the day calendar having
been duly noticed for trial by the hbenants. The re-
spondents proctor sent word that he then actually
engaged in the trial of another in the Superior
Court and requested the Court postpone this till
later day. The Court declined TO do this, and the libel
liant took decree in his by default Thereafter the
respondents proctor applied have the default opened,
stating the further that bis client absent from the
United States at the hme and he could not, in justice TO
his client, try the cause IN his absence Held by the
Cour-That this last fact supplies scinlla OF right in
support Of the application. The personal absence OF
party arising from casualty or mistake, without
for afording him relief from the consequences
of his default when other loss is there
by occasoned TO his antagonist than q temporary de-
lay in the suit But the standing rules Of court in rela
ton to the trial Of causes important part OF the law
Of remedy, and cannot be arbitrarily varied withheld
And the Court allow the voluntary election OF any
counsel between two classes Of duties his part 10 stay
the proceedings which he expected 10 oppose In
until he dispose OF similar obligations calling him
into another must accordingly be understood that the
absence and engagement elsewhere Of counsel on
side In which moved 10 hearing on due no
ce by the opposite party affords no just reason for the
Court suspend the standing rules and TO refuse TO allow
the moving party take his Judgement Motion granted
tsAIyAeE-pIIorAGE-Q uANTrM MERrrT.
William a. johnson ct al. the Bark Cerere-This
was libel for savage The libelants the owners
the pilot beat Mary and Catherine and April 1856
were cruising about 10 miles from Monauk Point and $50
miles from New York In search Of employment they fell
in with the Ccrere, Scan bark, bound 10 Boston, and
spoke her She had been At long time and had
ceived injuries by storms and II desirable for her
cargo which partly perishable-that she should
port possible. The evidence 70 what
transpired when the bark spoken conflicting.
Two OF the belants board and took charge
TO bring her TO New York. the pilot boat towing her. and
when the port steamtug was employed, and the
vessel brought in IN safety. Beld by the CourThat
the evidence lbellants did not the character
and authority Of salvors when they went board the
vessel but left her master and 10 understand that
they had taken her in charge pilots only. II they
undertook 10 the vessel and cargo ss sal
vors regarded vessel crippled and inadequate
10 be navgated into port by herself their duty TO
have their assumption OF that character clearly
known and have made the practicable harbor
with the vessel and not 10 have expoeed her voyage
OF two hundred and hfty miles That must be presumed
that the OF the bark acauesced the employ
Of the pilot boat and also Of the tug That the services
rendered were neither definitely potage nor tonnage.
They combination Of both applied 10 avesse where
not mprobably both would be requisite In unpropous
weather These services may properly be compensated
by qudntnm ne1n having relation 10 the value Of the
and cargo and the hazard 10 which they stood
posed and such reasonable compensation the OF
5000 besides the expense o. the and poage Decree
therefore for hbeants for S9es and costs