Reports of Cases Argued and Determined in the District Court of the United States for the Southern District of New York Volume 1 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ... Atkins v. The Fibre Disintegrating Co. My determination, therefore, is that under the facts of this case a lien is established in favor of the libellant for the amount of his bill, and while it is a satisfaction to me to feel that not only the law but the justice of the case require such determination, it is also satisfactory to know that the amount of the claim is sufficient to enable an appeal to be taken to an appellate court, where any error I may have committed can be promptly corrected. Let a decree be entered for the amount of the bill, with interest. MARCH, 1867. JOSHUA ATKINS ET AL. v. THE FIBEE DISINTEGEATING CO. Attachment.--Foreign Corporation.--An Admiralty Proceeding Not A " Civil Suit" Within Section 11 Of The Judiciary Act. Where a libel was filed against a corporation foreign to the district, and under process issued upon that libel property of the corporation was attached, and a motion was made to set aside the attachment, as contrary to the provision of the eleventh section of the Judiciary Act of 178 , Held, That the words "civil suit" in that section do not embrace admiralty proceedings.. That if they did, the Act of August 23, 1842, and the Supreme Court rules of 1845 must be held to have repealed that section as far as relates to admiralty proceedings. That the power to attach the property of absent defendants to compel an appearance has always been recognized as within "the course of the admiralty," and the intention to withdraw it or to limit its power will not be inferred from the use of an indefinite phrase. This decision was affirmed by the Circuit Court. on appeal. Atkins v. The Fibre Disintegrating Co. That the objection to the proceedings based upon the words of the eleventh section of the Act of...