Deas v. The Berkeley
District Court, E.D. South Carolina
In Admiralty. Libel by George Deas against the steam tug Berkeley for seaman’s wages. On motion to vacate a decree.
1Opinion of the Court
SIMONTON, District Judge.
This is a motion to set aside a decree in admiralty. On 18th August, 1893, the libel was filed for seaman’s wages, and a warrant of arrest asked for. By the rule of this court, (rule 9,) process in rem may be issued without a mandate of the judge, except in foreign attachment or in suits for seaman’s wages. The judge was absent from Charleston, holding the court at Greenville, when this libel was filed. The clerk issued the warrant himself under the seal of the court, without the mandate of the judge. The marshal served the warrant, and arrested the vessel. In an hour…
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