Barker

Petitioner seeks to invoke the extraordinary remedy of a writ of prohibition to stay the hand of a District Court of the United States in a proceeding now before it. Under the circumstances of this case we conclude that the writ should not issue. A libel proceeding was brought in the United States District Court ’for the Southern District of California against the ship “Adventure” by the Long Beach Marine Repair Company, a corporation, and pursuant to command of the United States District Court, the ship was attached by the United States Marshal.

While this libel proceeding was pending, petitioner Barker secured judgments in the Municipal Court of Los Angeles County and attempted to levy an attachment on the “Adventure” in order to satisfy said judgments. It is claimed by Barker that the United States marshal had at that time lost custody of the ship because of his failure to retain possession thereof and that the attachment placed thereon by the officer acting under authority from the Municipal Court therefore was effective. It is also asserted that subsequently the officer claiming possession under and by authority of the levy of the attachment issued out of the Municipal Court…