Page:Federal Reporter, 1st Series, Volume 4.djvu/832

 818 FEDERAL REPORTER. ���MoCabty and another v. Steam-Pbopelleb Citï of New �Bbdfoed. �(District Court, 8. B. Hem York. November 30, 1880.) �1. Gaenishmbnt— Wages— Seambn.— The wages earned by a seaman, In �the coastwise trade of the United States, are not subject to garnish- ment at the instance of the crediter of the seaman ia an action at law brought in a state court. �2. 8ame— Same — Samb — Jubisdiction. — The judgment of a state court, �in such case, directing the garnishee to pay such wages to a crediter, is void for want of jurisdiction. �8. Bamb— Plea m Bab.— A garnishee cannot plead such judgment in bar, where it does not appear that execution has been awarded against him, or that he has been called on or compelled to pay the same. �In Admiralty. �Alexander e Ash, for libellants. �Evarts, Southmayd e Ckoate, for claimants. �Benediot, D. J. This is a proceeding in rem, înstituted by Daniel McCarty and Owen Hare, to enforee against the steam- propeller City of New Bedford a lien for their wages, earned in the navigation of that vessel in the coastwise trade of the United States, to-wit, in coastwise trade between the city of Fall River, in the state of Massachusetts, and the city of New York, by way of Narraganset bay, the Atlantic ocean. Long Island Sound, the East river, and the waters of New York harbor. �The libel was filed in the southern district of New York on the twentieth day of February, 1880. The Old Colony Steam- boat Company intervened as claimants of the vessel, asserting that at the time of the filing of the libel the vessel was owned by them; and on March the 17th filed an answer to the libel, setting up in bar ot the action that, on the twenty-fourth day of January, 1880, and the seventh day of February, 1880, the moneys in their hands then due the libellant Hare, and which had been earned by him in the navigation of the said steam- propeller, were in the city of Fall River attacbed by a consta- ble of said city, by virtue of a writ issued out of the second ����