Foster v. Compagnie Francaise de Navigation a Vapeur
Foster v. Compagnie Francaise de Navigation a Vapeur
Opinion of the Court
In admiralty, however, the established practice governing procedure
In the present case, the general matters of information would seem to be properly within the authority of the court to require as a part of the statement by the respondent, and by rules 23 and 32, such information could have been elicited (if the' necessity therefor was apparent) either as a part of the allegations of the libel, or if a reply was needed.
But neither of these rules fits the particular case now under consideration, inasmuch as the matters of which information is sought are statements contained in the answer, and no reply is necessary thereto. It can be readily seen that the method of eliciting information by means of interrogatories could only be invoked through an application to amend the libel, and this would result in further confusion of the pleading without corresponding benefit.
Under rule 28, however, exceptions could have been filed to the answer within the time limited by the rule, and through these an amendment to the answer could have been directed which would meet the defect alleged in the present answer.
It would seem that a motion' to extend the time to file such exceptions, and to obtain the information which is in the nature of what in other branches of the law would be called a bill of particulars, should be the course pursued by the libelant, and that the present motion should be denied.
Reference
- Full Case Name
- FOSTER v. COMPAGNIE FRANCAISE DE NAVIGATION A VAPEUR
- Status
- Published