Tucci v. Arbusto

WOOLSEY, District Judge.

I will not sign the proposed decree on default until proper process has been issued.

I. In this ease the libel is entitled in personam, but its prayer sounds both in personam against the co-owner Arbusto, and in rem against the Aranac II.

I shall treat, it, therefore, as a libel in licitation both in rem and in personam.

Aside from the fact that the libel is not headed as being in rem and in personam in the present ease, the form of libel is precisely in the form given by Benedict on Admiralty (5th Ed.) vol. II, page 28.

II. The difficulty with the situation here is that,…