Clarke v. New Jersey Steam Nav. Co.
U.S. Circuit Court for the District of Rhode Island
This was a suit in admiralty, brought by an appeal from a pro forma decree of the district court [for the district of Rhode Island], dismissing the libel. The original libel was brought in February, 1841, and prayed only for personal process against the corporation, and that Moses B. Ives, one of the directors of the company, might be summoned to appear and answer the libel.
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This was a suit in admiralty, brought by an appeal from a pro forma decree of the district court [for the district of Rhode Island], dismissing the libel. The original libel was brought in February, 1841, and prayed only for personal process against the corporation, and that Moses B. Ives, one of the directors of the company, might be summoned to appear and answer the libel. At the return day Moses B. Ives appeared, and declining to appear for the company, prayed that the writ might be dismissed; and thereupon it was dismissed against him personally; but the libel was retained for further…
1Opinion of the Court
STORY, Circuit Justice.
No question has been made at the bar, that the case stated in the libel is a case of admiralty and maritime jurisdiction, it being founded in a maritime contract, and asserting, as a breach thereof, a maritime loss by negligence. The *976Orleans v. Phoebus, 11 Pet. [36 U. S.] 175-184. Neither has it been doubted, that the process of attachment well lies in an admiralty suit against the property of private persons, whose property is found within the district, although their persons may not be found therein, as well to enforce their appearance to the suit, as to apply it in…
2Cases cited1 opinion
- M'Queen v. Middle-town Manufacturing Co.New York Supreme Court · 1819
3Cited by3 opinions
- Lovejoy v. Hartford Fire Ins.District Court, N.D. Illinois · 1882
- Barnett v. Chicago & Lake Huron RailroadNew York Supreme Court · 1875
- Pilger v. United States Steel Corp.New Jersey Court of Chancery · 1924