Fry v. Cook

Billings, D. J.

This is an action brought to recover damages for assault and battery, alleged to have been committed on the high seas. An order of arrest was at first issued, which, on argument, was vacated, on the grounds that the statutes of the United States and the rules of the supreme court allowed an arrest by virtue of a process from a court of the United States only in cases in which an arrest is authorized by the laws of the state in which such court was sit*425ting; that this limitation applied to admirality as well as to common-law processes; and that according to the laws of the state…