The Olson & Mahony

In this action which is in personam as against the Empire Lumber Company, the marshal by virtue of process issued out of this court has attached all moneys, goods, credits, etc., in the hands of one John Settle belonging to any of the respondents herein. The said John Settle has answered that he has in his possession and belonging to the. respondent Empire Lumber Company the sum of $10,397.59, and asks that he may be released from all further liability herein upon filing an admiralty stipulation in said amount, conditioned that he shall abide by and perform all orders and decrees, interlocutory car final, of this court or of any appellate court in relation thereto.

Respondent Empire Lumber Company cannot be found or served within this district, and libelant contends that, as the suit is for $35,000, the money in the hands of Settle cannot be released on stipulation by *560 him, unless such stipulation be for the full amount claimed. This contention is based upon admiralty rule 4 (29 Sup. Ct. xxxix), which provides that an attachment such as this may be dissolved—

In Pope v. Seckworth et al. (D. C.) 46 Fed. 858 , it was held that under this rule a defendant could not' obtain the…