New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-28
THE COURTS.
THE ALABAMA CLAIMS.
IMPORTANT DECISION by JUDGE BLATCH

IMPORTANT DECISION BY JUDGE BLATCHf0RD.
The following is synopsis of the long and
elaborate decision lately by Judge Blachfod Of
the United States District Court in Admiralty. in the
case OF John ~ Cushing aud others against John Laird
the younger:
This IA renewal OF the motion to discharge as against
the garnshees Foster Thomson the attachments made
under the processes in this action ON which motion TINS
Court rendered decision the 2jth OF November last
allowing the libellant to procure amendments OF the
returns the processes. -
dom Great Britain and was not in the United states
at the time Of the commencement Of the proceedings in
this action and been within the limits OF the
United States since that time and has not appeared IN
said proceedings Ali OF the peadngs on the part OF the
ibelants describe the respondent being OF Brken
head. In the Kingdom OF England shipbullder and The
action rs of spolaton and damage. civil and
maritime" The substance OF the libel is that the ship
Sonora owned by the libelants was the 10th OF De-
cember 1863 while the gh seas. the Straits OF Ma
master Of armed vessel called the Alabama, then
owned by the respondent.
IL for the garnisheos that this Court has
jurisdiction Of this action. because 1t has acquired
jurisdiction of the person of the respondent and that the
Inhibition OF the 18th section Of the act OF Sept a. 1882
Il U. 5. Stat at Large 7sJ applies 10 this case.
The processes In this such authorized
by the second rule in Admiralty prescribed by the SUI
preme Court in March, lsi5. That rule provides fol-
lows In suits in persOnam the process may DO
by simple warrant of arrest OF the Of the defend
ant In the nature OF capas or by warrant OF arrest
OF the person Of the defendant with q clause therein
that II he cannot De found attach his goods andEcha
tells to the amount sued for or II such property cannot
sued for the hands Of the garnshees named therein
or by simple monton In the nature Of a summons. To
appear and answer 10 the suit, the lbeant shall in
his libel or Information, pray for or elect" The
provisions OF this rule are TO the effect that In
suit Ava persondn, whenever for reason,
the Defendant cannot be- found, his goods and
cattels ~ the amount sued for may he attached and
In default Of any such, his credits and effects Ia the
sncd for, IN the hands of garDishees may be at
taohed. The rude provides for attachment OF goods
and chattes and Of credits and effects only
where the defendant cannot DO found. The OF
Jurisdiction In admiralty through the service of such pro-
Is provided for by the second rule held by
the Supeme Court 10 be righfu exercise thereof
der the Constitution and laws OF the United States
early the year s25 In the OF Manro ag Almelda
90 WheatoD 413. The Court held that the Of the pro-
Of attachment In the Admiralty had the highest
sanetonas well principle convenience, ana that
such process had the ceaes sanction III the practice Of
the civil law.
The Court cites In support OF this view CeTkes raXis
by Hall. Titles y and
title * OF the warrant TO be impotrated az
where the debtor absconds absent from the realm
The entire Title ~ In Clerko n a. fellows:
little 49, The manner ot attaching goods or debts In
the hands or Others which the officer cannot have
Sometimes the person who by loan or other
time contract, Ia indebted another cannot be- a2
preached bo arrested. has he any property
which the officer can .fattacn Yet you may be M
formed yrona In whose hands there ao goods which
belong 10 Your debtor, which liable or rcspnu
rble TO yOur debtor. who may Doe Indebted 10 Hun
In such a ca.e YOU may obtain wurrut tlmIr 10 that
which is mentioned u Fie 2s ~ uthrr manner ot pro-
eeeding &C. Aud tho Ohiccg may ~ TO tho person Ia