Legal Opinion
Birdsall v. Germain Co.
District Court, S.D. New York
Decided October 13, 1915PublishedCited by 7 opinions
In Admiralty. Suit by Amos Birdsall, Jr., against the Germain Company. On motion to vacate attachment.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
The respondent moves to vacate an attachment levied in a proceeding against the respondent in personam under admiralty rule 9 of this court, which, so far as it is applicable to the matter now before the court, is as follows:
“Process in personam may be: (1) A simple citation in the nature of a summons to appear and answer to the suit; (2) such a citation, with a clause therein that if the respondent cannot be found, his goods; and chattels to the amount sued for be attached. * * * ”
In the present case it does not seem tó be denied that the allegations of the…
2Cases cited2 opinions
- Atkins v. Disintegrating Co.Supreme Court of the United States · 1874
- Shewan v. HallenbeckDistrict Court, S.D. New York · 1906
3Cited by7 opinions
- Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Supreme Court of the United States · 1950
- Seawind Compania, S. A. v. Crescent Line, Inc.Court of Appeals for the Second Circuit · 1963
- Seawind Compania, S.A. v. Crescent Line, Inc.Court of Appeals for the Second Circuit · 1963
- D/SA/S FLINT v. Sabre Shipping CorporationDistrict Court, E.D. New York · 1964
- Federazione Italiana Dei Consorzi Agrari v. Mandask Compania De Vapores, S.A.District Court, S.D. New York · 1957
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