Page:Federal Reporter, 1st Series, Volume 2.djvu/608

 rODD ». BARK TULCHEN. 601 �■way, capsized and libellant was thrown against the side of the vessel and sustained permanent injuries. The libel was allowed provisionally on October 1, 1879, after argument. �On November 4, 1879, libellant gave stipulation for costs and process of attaehment went ont returnable November 21, 1879, under which the vessel was attached November 6, 1879. �On November 15, 1879, William M. Thackara one of the firm of Workman & Co. entered stipulation in the sum of $1,500 -with George Crump as his surety and the vessel waa restored to him. The stipulation recited that the owners of the vessel by William N. Thackara were the claimaints and was conditioned that the "owners or the claimants" should abide the orders of the court. �On the return day of the original writ Thackara made his answer in which he said : (1) That his firm were consignees of the vessel; (2) that the court had no jurisdiction ; (3) that the facts in the libel were not truly stated; and (4) that the vessel was sold on the day of attaehment but before it was served, to Lawrence Johnson of this city as agents for foreign parties. �On November 28, 1879, libellant excepted to this answer because neither Thackara nor Workman & Co. were entitled to make answer. �On December 4, 1879, an answer was filed by Lawrence Johnson & Co. alleging — (1) that they on October 6, 1879, before the attaehment, received, as agents for Dickinson, Ackroid & Co. of London, England, a bill of sale of the vessel ; and (2) that they had read the answer of Thackara and adopted it. �On January 17, 1880, libellant excepts to this answer because — (1) it did not appear that Lawrence Johnson & Co. had any right to appear and defend; (2) because the owners of the vessel had not taken defence ; (3)that the answer was insufficient and irrelevant. �On February 6, 1880, libellant moved for a deoree pro con- fessa, and the case was heard upon this motion and the exceptions to answers. ����