Legal Opinion

Chiesa v. Conover

District Court, S.D. Alabama

Decided September 21, 1888PublishedCited by 2 opinions

In Admiralty. Libel in personam. The libel was filed at Mobile, while the vessel was there, loading for Liverpool, and sets up a violation of charter in not sailing on a voyage from Pensacola to Rosario. It alleges that the bark was the property of E. M. Conover and John Doe, whose name is to libelant unknown. On showing made, the district judge made an order for issue of attachment of the vessel as such property.

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In Admiralty. Libel in personam. The libel was filed at Mobile, while the vessel was there, loading for Liverpool, and sets up a violation of charter in not sailing on a voyage from Pensacola to Rosario. It alleges that the bark was the property of E. M. Conover and John Doe, whose name is to libelant unknown. On showing made, the district judge made an order for issue of attachment of the vessel as such property. On hearing at special term, of motion to dissolve the attachment, it appeared that E. M. Conover was the sole owner, was wife of the present master, and with him upon the vessel.

1Opinion of the CourtToulmin, J.

After a careful consideration of the motion to quash the attachment in this case, and the arguments thereon, and an examination of the authorities bearing on the question that I have been able to find, including those submitted by counsel, I feel bound to hold that the order for the attachment of the vessel was improvidently made, and that the attachment was without authority of law, and should be vacated. The only authority for the attachment of the property of the defendant in a suit in personam is found in rule 2 of the rules of practice, which provides that the mesne process may be a…

2Cited by2 opinions

  1. Bolden v. JensenU.S. Circuit Court for the District of Washington · 1895
  2. Rosasco v. ThompsonDistrict Court, S.D. Alabama · 1917

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