43 F. 391 | E.D. La. | 1889
This is a suit for damages for an alleged seizure of a vessel, the steam-ship Clifton, which was owned at the time of seizure by
There are two questions presented by these facts. First, as to the liability of a party who, in good faith and without malice, comes into an admiralty court and libels ships or vessels, and fails in his suit. The practice and rules in admiralty require that all parties, except mariners, shall, before having admiralty process against a res, give a bond in the sum of $250, and further contain liberal provisions for the release of the vessel on bond. It has been urged very strongly by the proctor for the libelant that, notwithstanding this, even in the absence of malice, and with probable cause, he may recover actual damages. He relies upon the law of this state independent of admiralty rules and practice. But I understand the law in this state to be as stated by the supreme court in Transit Co. v. McCerren, 13 La. Ann. 214, where it is heid that no action lies for bringing a civil suit, where plaintiff fails, unless it be alleged and shown to be malicious, and without probable cause. I think that, under the settled practice in admiralty, suits may be brought, and process issue in suits, in which the libelant fails to establish his cause of action;, and the libelant, in good faith and without malice, will not be responsible ex delicto, but only upon his bond. This suit is brought, not upon any bond, but ex delicio. I think, therefore, this falls within the universal doctrine applying to all courts, admiralty and others, which is enunciated in Stewart v. Sonneborn, 98 U. S. 187, that advice of counsel, and an honest belief on the part of libelant, that he was using rightful remedies, exempts him from a suit for a wrong. But it is urged with great pertinacity, and numerous cases are cited to sustain the rule of law, that where the court is without jurisdiction the plaintiff is a trespasser. But the court here had jurisdiction; for jurisdiction depends upon the issue presented by the pleadings, and the libel states a case where the court of admiralty had undoubted jurisdiction, viz., advances to the master upon the credit of the vessel, in a foreign port, for necessary disbursements. The failure of the libelant in the original suit was not from want of jurisdiction, but because the facts were different from what the vessel’s agents made them appear to be. The great principle is that, in order to secure the administration of jus
The cross-libel is not so connected with the subject-matter of the libel as to be maintainable, and must also be dismissed.