New Haven Towing Co. v. City & Town of New Haven
New Haven Towing Co. v. City & Town of New Haven
Opinion of the Court
I have examined the exceptions filed by libelants in these cases with great care, and must confess that their purpose in filing them is rather obscure. It is claimed that in admiralty practice the function to be performed by exceptions to an answer is the equivalent of that accomplished by a special demurrer in the common-law courts. If that be true, then these exceptions strike at the very root and kernel of the controversy. After I shall have ordered the objectionable clauses stricken out, the respondent’s contention would have become futile and abortive. And yet the libelants do not wish me to decide the entire controversy, and I am without sufficient information upon which to decide such an important question. And, furthermore, I am not at all satisfied that the libelants have pursued
Reference
- Full Case Name
- NEW HAVEN TOWING CO. v. CITY AND TOWN OF NEW HAVEN CASTLE v. SAME
- Status
- Published