Page:Federal Reporter, 1st Series, Volume 9.djvu/425

 410 FBDEEAL EBPORTER. �directing him, in case the respondent could not be fouud, to attach her goods, etc., to-wit, the steam-tiig Frank Pidgeon, Jr. The return of the marshal states that "after diligent search and inquiry he was unable to .find the respondent, and that he thereupon, on September 5th, attached the respondent's right, title, and interest in the steam- tug by leaving a copy of the proeeas with the engineer in charge of the tug, and showing him the originaL" Upon the return-day the respondent appeared specially for the purpose of moving to set aside the eerrice of process on the ground that no proper attempt was made to find or serve the respondent personally before attaching the tug. The matter bas been submitted to my determination' upon the affi- davits of the parties, and of the deputy marshal who made the service. From these it appears — �That the respondent is the wife of Francis Pidgeon, of Saiigerties, Ulster eounty, Kew York, where she has for many years resided ; that she has been owner of the tug since August, 1876, and that the bill of sale of the tug to her, registered at the Kew York custom-house, describes her as residing at Saugerties; that her husband, who has had the management and control of the tug, has for 20 years past had a place of business at Long Island city, and has been known to the libellant, who also did business in the saine neighbor- hood for about that time; that the libellant knew he resided "up the river this side of Albany, but did not know his precise residence;" and that, prier to filing the libel, he had reason to believe that the respondent was the wife of said Frank Pidgeon, and the libel itself so states ; that the supplies f ur- nished by the libellant, for which this suit was brought, were furnished at the husband's request; that prior to the attachment the husband had, for sorae time, been absent from his place of business at Long Islaud city, and was supposed to have become insolvent ; that the libellant's proctor, before flling the libel, had consulted the registry at the custom-house, and found that the respondent was owner of the tug since Angust, 1876 ; and that the marshal, on receiving the process for service, was informed by the libellant's proctor that the respondent was believed to be the wife of Francis Pidgeon, and that she resided in Saugerties in 1876, but whether she now resided there or not he did not know ; that her husband had a place of business at Long Island city; that the marshal went to the husband's said place of business, did not find him, nor " learn anything of his whereabouts," either there or upon inquiry in the neighborhood ; that he thereupon went to the tug, and, without inquiry for the respondent, attached it at once, and was thereupon immediately informed by the captain that Mr. Pidgeon was at Saugerties. �From these f acts it seems evident to me that no bona fide endeavor was made by the marshal to serve the respondent personally. Itwas sufficiently known to him that she was the wife of Francis Pidgeon, and that she resided in Saugerties in August, 1876. The registry so Btated, and the libellant's proctor so informed him, and no reason is ��� �