Page:Federal Reporter, 1st Series, Volume 4.djvu/167

 POPB V. BVfIBB IiLOTD INS. 00. 158 �or that proceedings on bis lîbel might be stayed, nnder ad- miralty rule 53 of the United Btates supreme court.* �To tfaîs cross libel the orignal libellant filed inter alîa tha following exception: �Second. Beoause the cross libel in thîs case does not con- tain such counter claim arising out of the same cause of ao- tion for whioh the original libel was filed, as is contemplated by rule 63 of the supreme court in admiralty. �John A. Toomey, (Henry B. Edmunds with bim,) for excep- tions. �H. O. Word, contra. �BuTLEB, D. J. The second exception is vreU taken. The claim set out in the cross libel does not grow or arise ont of the cause of action on which the libel is founded. The case is not, therefore, embraced in the fifty-third admiralty rule pre- Boribed by the supreme court. �Cross hbel dismissed. ���FoFB and others v. Thb Swiss Llotd Ins. Coi �{District Court, D. Oalifomia. October 13, 1880.) �1. BœAwoETHiHBBa— Implied Wabeahtï— Bebaoh— Tebsei. IjKPBOyroED WTTH Gbodkd-TaceiiB Bbabokably Fit fob thb Exiobhcibs or ▲ VoTAOE— Civil Code op Oaufobnia, H 2681, 2683. �Libel on Policy of Insurance. �Hall McAllister, for libellants. �Milton Andros, for respondent. �HoFFMAN, D. J. Section 2681 of the Civil Code of Califor- nia is as follows : "In every marine Insurance upon a ship, or freight or freightage or upon anything which is the subject of �•Rule 53 iB as follows : " Whenever a cross libel is filed upon any counter claim arising out of the same cause of action for which the origi» nal libel vas filed, the respondents in the cross libel shall give security in the usual amount and f orm to respond in damages, as claimed in said CTosa libel, nnless the court, on cause shown, shall otherwise direct ; and ail proceedings upon the original libel shall be stayed until such gecurity shall be given." ����