Section 570.425 – Trial or Hearing; Jury Trial, Demand.
570.425 Trial or hearing; jury trial, demand. Sec. 25. The trial or hearing shall be by the court without a jury, unless a jury be demanded by either party, by filing the demand 5 days before the time for which notice shall have been given, and serving a notice of such demand upon the adverse […]
Section 570.426 – Evidence; Taking by Attorney or Commissioner, Report to Court.
570.426 Evidence; taking by attorney or commissioner, report to court. Sec. 26. The court may, by special order, refer any matter arising in the progress of the cause, to any attorney or circuit court commissioner, to take evidence, and report the same to the court, with his opinion thereon, with all convenient speed, but said […]
Section 570.427 – Admiralty Principles; Applicability.
570.427 Admiralty principles; applicability. Sec. 27. All cases of general average, salvage and collision, and all cases relating to sailors’ wages, or to the employment of seamen, arising under this act, shall be determined, upon the trial or hearing, and upon appeal, according to the principles established in courts of admiralty and maritime jurisdiction in […]
Section 570.428 – Judgment for Complainant; in Personna.
570.428 Judgment for complainant; in personna. Sec. 28. If, upon the trial or hearing, judgment or decree shall pass for complainant, and the water-craft has been discharged from custody, as herein provided, said judgment or decree shall be rendered and entered against the principal and sureties in the bond: Provided, That in no case shall […]
Section 570.429 – Judgment for Complainant; in Rem.
570.429 Judgment for complainant; in rem. Sec. 29. In case the water-craft has not been discharged from custody, the judgment or decree shall be in form against the water-craft, with an additional order that the same, with the appurtenances, be sold at public vendue by the sheriff, after notice of the time and place of […]
Section 570.430 – Sale of Craft; Writ.
570.430 Sale of craft; writ. Sec. 30. The clerk shall thereupon issue a writ of sale commanding the sheriff to sell such water-craft as directed in the judgment or decree, and to return said writ within 24 hours after sale, with his doings in the premises, and with proof by affidavit of the requisite notice, […]
Section 570.421 – Interrogation; Appended to Pleadings, Filing; Answer.
570.421 Interrogation; appended to pleadings, filing; answer. Sec. 21. Any party complaining or defending may append to the complaint or answer, as the case may be, any pertinent interrogatories, or upon such motion or notice the court may permit such interrogatories to be filed at any other time; and the personal answer to all such […]
Section 570.422 – Pleadings Subsequent to Answer; Amended Complaint.
570.422 Pleadings subsequent to answer; amended complaint. Sec. 22. There shall be no pleadings subsequent to the answer, but within 10 days after filing and service of answer, or demurrer, the complainant or intervenor, may file and serve an amended complaint, to which answer or demurrer shall be filed, as hereinbefore provided in case of […]
Section 570.423 – Exceptions to Answer.
570.423 Exceptions to answer. Sec. 23. Complainant, or intervenor, may except to the answer, and either party may except to answer to interrogatories, for irrelevancy, or want of fullness, distinctness, and such exceptions may be noticed for hearing in term, or at chambers. History: 1864, Ex. Sess., Act 59, Eff. May 7, 1864 ;– CL […]
Section 570.411 – Intervening Complaints; Time for Filing.
570.411 Intervening complaints; time for filing. Sec. 11. Intervening complaints may be filed at any time before the sale of the water-craft, as hereinafter provided; and after sale under judgment or decree, any intervening complainant may file his complaint against any surplus proceeds remaining in court after payment of claims filed before sale, and the […]