Massett v. The Explorer

WRIGHT, District Judge.

This is an action in rem against the M/V Explorer alleging a cause of action of wages and damages. The vessel was claimed by Conrad G. Dyke as owner, and upon claimant’s posting a bond in the amount of $8,500 the vessel was released to liim. Mr. Dyke was out of the jurisdiction of the court at the time the seizure was effected and was never personally served. The action, therefore, is in rem against the bond.

Suit was filed under 28 U.S.C.A. § 837 [now § 1916] which permits the filing of suit without prepayment of costs. Libelants comprise all of the officers and members…