Bremena v. Card

Citations

• 38 F. 144
• 1889 U.S. Dist. LEXIS 45

Syllabus

<p>Admiralty — Practice—Attachment. Tbe forty-seventh.rule in admiralty abolishes imprisonment for debt on admiralty process in all cases where by the law of the state where the court is held imprisonment for debt has been abolished in similar cases. Buie 3 provides that in admiralty suits m personam the mesne process -may be by a simple warrant of arrest of the defendant in the nature of a capias, or with a clause therein “that, if he cannot be found,” to attach his goods. Held, that this clause does not mean “found for the purpose of arrest, ” so as to justify an attachment in a case where defendant is actually within, and a resident of, the district, but cannot be arrested because of the state law.</p>