Green

This appeal is from a decree in admiralty dismissing a petition for a writ of scire facias. The scire facias proceeding was an outgrowth of earlier proceedings [The Aloha (D.C.) 32 F.(2d) 284 ; Id. (C.C.A.) 35 F.(2d) 447 ; Id. (D.C.) 41 F.(2d) 861 ; Id. (D.C.) 56 F.(2d) 647 ; Langnes v. Green, 282 U.S. 531 , 51 S.Ct. 243 , 75 L.Ed. 520 ; Ex parte Green, 286 U.S. 437 , 52 S.Ct. 602 , 76 L.Ed. 1212 ; Green v. Langnes, 177 Wash. 536 , 32 P.(2d) 565], a brief review of which is deemed necessary.

Appellant brought an action against appellee Langnes in a state court of Washington to recover damages for personal injury suffered by appellant while employed as a fisherman on the vessel Aloha, of which Langnes was the sole owner. While that action was pending, Langnes filed in the District Court of the United States for the Western District of Washington a petition for limitation of liability under sections 4283-4285 of the Revised Statutes, 46 U.S.C.A. §§ 183-185 . In connection therewith, Langnes gave a stipulation for the payment into court of the value of the vessel and her freight, with interest, as provided in Admiralty Rule 51, 254 U.S. 703 , 28 U.S.C.A. following section 723.…