McGahern v. Koppers Coal Co.

MARIS, Circuit Judge.

The sole question involved in the present appeal is this: In an admiralty suit in personam brought in a district in which the respondent is not found, may a vessel in the possession of the respondent as charterer be attached under a clause of foreign attachment included in the libel under Admiralty Rule 2? That rule (28 U.S.C.A. following section 723) which was prescribed by the Supreme Court pursuant to Sec. 913, Rev.Stat. (28 U.S.C. § 723, 28 U.S.C.A. § 723), following ancient practice in the admiralty provides that the libel may contain “a clause therein to attach his…