The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 460
xiv, 928 p. ; 23 cm.View a full description of this legislative document.
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460 EDRAL nIPOrTER
opinion and interest among the owners in relation to the
employment and management" of the tug alleged in the libel,
and praying the court to pronounce against the libel.
In the answer it is alleged "that said tug now is, and has
been during the season of navigation of 1875, engaged in her
usual employment in and about the port of Erie," etc. Again,
it is alleged "that the said tug is now, and has been during
the entire season of navigation, employed and run for the
joint interest and profit of the owners," etc.
From the evidence now before the court it appears that
the marshal did not arrest or take possession of the tug by
virtue of said process. He was instructed by the libellant's
proctors not to arrest her, but simply to serve a copy of the
writ upon Christian & Carse, and these instructions he obeyed.
At the time the libel was filed the tug was in the possession
of Christian, and she remained in his possession as fully after
the service of the writ as before; and down until May 12,
1877, the tug was run by Christian in and about the harbor
of Erie, and upon the lake, in her ordinary business. Dur-
ing all this time no further step was taken in this suit.
On the night of May 12, 1877, the libellant, Brennan, hav-
ing obtained possession of the tug, ran her out of the harbor
of Erie and took her to Buffalo, New York; and there, on
May 14, 1877, filed a libel in rem, in the United States district
court for the northern district of New York, for the sale of the
vessel and distribution of the proceeds among the owners.
Thereupon proceso issued and the boat was seized by the
marshal of said last-named district. No answer having been
interposed, an interlocutory decree in that suit was entered,
and a final decree for the sale of the tug was made on July
25, 1877. Subsequently, E. F. Christian moved that court
for an order opening his default and permitting him to defend
the action, and vacating the decree and subsequent proceed-
ings, and for an order dismissing the suit, on the ground that,
in consequence of a prior action pending, the court had no
jurisdiction in the premises.
The exemplification of the record of the United States dis-
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/474/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.