The Acadia , 1 F. Cas. 43 ( 1859 )

WILLSON, District Judge.

It Is too late now to move the dismissal of the libel. The giving of a voluntary bond by the o.wner is a waiver of any defect in the service of the process. He. should have moved the discharge of the vessel before giving the bond. For the purpose of hearing motions the court is always open. The averments in the libel are sufficient, and the service is maritime.

Exceptions overruled.