Page:Federal Reporter, 1st Series, Volume 7.djvu/373

 ihe alpena.. 861 �The Alpena. �{District Court, E. D. Miehigan. May 16, 1881.) �1. Gabnishment— " Efpects "— Admiraltt Ritle 2. �Ships and other tangible personal property are " effects," within the meaning of the second general admiralty rule, and may be reached by a writ of garnishment wlien in the hands of a taird per- �son. �In Admiralty. �This was a libel by William B. Slayton, administrator of the estate of Montgomery Crossman, against the Goodrich Transportation Company, owner of the steamer Alpena,' to recover damages for the death of Crossman, occasioned by the foundering of the Alpena in Lake Miehigan. �Upon the flling of the libel a writ of garnishment was issued requiring the Detroit Dry Dock Company to appear and make return conceming the " property " of the respondent In its possession or under its control. The garnishee appeared and moved to quaah the writ, upon the ground that the rules of this court did not authorize the issuing of the same, and that said rules only require garniahees to answer as to the "credits and efEects " of the principal defendant in their hands. Prior to the raaking of this motion, however, the dry dock company made return to the writ of garnishment that it was constructing certain vessels for the Goodrich Transportation Company, the present value of which was over $100,000. �Carpenter d McLaughlin, H. M. Campbell, and Alfred Rus- sell, for libellant. �Wisner e Speed, for garnishee. �Bbown, D. J. The sole question in this case is whether the practice of courts of admiralty in this country will au- ■ thorize a garnishee to be held liable for ships, or other per- sonal property of like nature, in his hands, belonging to the principal defendant. The second general admiralty rule allows, in suits in personam, a warrant of arrest, with a clause therein that, if the defendant cannot be found, to attach his "goods and chattels" to the amount sued for; or, if such prop- erty cannot be found, to attach "his credits and effects," to the amount sued for, in the hands of the garnishees named therein. The second admiralty rule of the district court con- tains language of similar import. District court rule 14, ��� �