Page:Federal Reporter, 1st Series, Volume 4.djvu/473

 BBBHlfAK V. STBAM-Ttro ANNA P. DOEB. 459 �Beennan ;;. Steam-Tug Anna P. Dobb. {District Court, Tû D. Pennsylvania. November 17, 1880.) �1. ADMiBAi/rT Jtjeibdictioii— Suit in Rbm. — ^In a suit in rem in admiralty, �against a vessel, an actual seizure is necessary to confer upon the court jurisdiction over the vessel. �2. Suit ra Rem— Pbocess— RBTUiof of Mabshal.— To procesB îssued �in a suit in rem in admiralty, the marshal made return : " November 3, 1875, attached the steam-tug Anna P. Dorr, her tackle, etc., by serving a copy of this writ, personally, on John Carsf, part owner of same, and by serving November 5, 1875, a copy of this writ at resi- dence of Capt. E. F. Christian on wife." EM, that the retam did not import a seizure of the tug. �In Admiralty. Sur motion to set asîde alias writ of attach- ment. �AcHESON, D. J. This case is now before the court upon a motion made onbehalf of Patrick Brennan and L. B. Fortier, to set aside an alias writ of attachment for the arrest of the steam-tug Anna P. Dorr, which was allowed by this court upon the ex parte application of E. P. Christian and John Carse, supported by an affidavit, alleging that, pending pro- ceedings in the cause, the vessel had been clandestinely taken "out of the custody and jurisdiction of this court" by said Brennan. �The facts of the case, as they now appear to the court, are as follo-ws : On October 27, 1875, Patrick Brennan, an owner of the one-fourth of said tug, filed a libel in rem for her sale, and the division of the proceeds between himself and his co- owners, Christian & Carse. To the process which then issued the marshal made a return in these words: "November 3, 1875, attached the steam-tug Anna P. Dorr, her tackle, apparel, fumiture, etc., by serving a 3opy of this writ, per- sonally, on John Carse, part owner of same, and by serving, November 5, 1875, a copy of this writ at residence of Capt. E. P. Christian on wife." �Christian & Carse appeared to the suit, and on Novem- ber 15, 1S75, filed an answer denying "the diversity of ����