Ballard v. Wiltshire

— This was an attachment against the steamer Dose Hite, to enforce a lien against the vessel under our statute upon that subject. 2 G. & H., § 655, et seq., p. 301. The boat was released by giving a bond as provided by the statute, and the action was thenceforth prosecuted as a suit in personam, against the obligors in the bond. The court below overruled a demurrer to the complaint, and the only question here is upon that ruling.

According to the decision of the Supreme Court of the United States in The Hine v. Trevor, 4 Wallace 555, the statute by virtue of which the boat was seized is void,…