Legal Opinion

The Alpena

District Court, E.D. Michigan

Decided May 16, 1881PublishedCited by 6 opinions

In Admiralty. This was a libel by William B. Slayton, administrator of the estate of Montgomery Grossman, against the Goodrich Transportation Company, owner of tho steamer Alpena, to recover damages for the death of Crossman, occasioned by the foundering of the Alpena in Lake Michigan.

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In Admiralty. This was a libel by William B. Slayton, administrator of the estate of Montgomery Grossman, against the Goodrich Transportation Company, owner of tho steamer Alpena, to recover damages for the death of Crossman, occasioned by the foundering of the Alpena in Lake Michigan. Upon the filing of the libel a writ of garnishment was issued requiring tho Detroit Dry Dock Company to appear and make return concerning the “ property ” of the respondent in its possession or under its control. The garnishee appeared and moved to quash the writ, upon tho ground that tho rules of this'court…

1Opinion of the Court

Brown, D. J.

The sole question in this case is whether the practice of courts of admiralty in this country will authorize a garnishee to be held liable for ships, or other personal property of like nature, in his hands, belonging to the principal defendant. The second general admiralty rule allows, in suits in personam, a warrant of arrest, with a clause therein that, if the defendant cannot be found, to attacli his “goods and chattels” to the amount sued for; or, if such property cannot he found, to attach “his credits and effects,” to the amount sued for, in the hands of the garnishees named…

2Cases cited2 opinions

  1. Manro v. AlmeidaSupreme Court of the United States · 1825
  2. Shorey v. RennellDistrict Court, D. Massachusetts · 1858

3Cited by6 opinions

  1. Kingston Dry Dock Co. v. Lake Champlain Transp. Co.Court of Appeals for the Second Circuit · 1929
  2. In re the Estate of WinburnNew York Surrogate's Court · 1931
  3. Barney v. MaySupreme Court of Minnesota · 1917
  4. McGahern v. Koppers Coal Co.Court of Appeals for the Third Circuit · 1940
  5. Rosasco v. ThompsonDistrict Court, S.D. Alabama · 1917

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