Celio v. Jones

KALODNER, District Judge.

General Admiralty Rule 2 provides that: “In suits in personam the mesne process shall be by a simple monition in the nature of a summons to appear and answer to the suit * * * with a clause therein to attach his [respondent’s] goods and chattels * * * if said respondent shall hot be found within the district. * * * ” 28 U.S.C.A. following section 723.

The instant case presents the simple question: What does “found” mean as used in Rule 2?

On February 26, 1941, the libellant Celio, a resident of Brooklyn, N. Y., filed a libel in personam and in rem against the…