E. G. Lyons & Raas Co. v. Deutsche Dampschifffahrts-Geselschaft Kosmos

The libel was filed August 25, 1915, and on the same day, upon order of the court, a citation and foreign attachment issued. The marshal’s return on the process shows that he was unable to find the respondent in this district, and that consequently he—

The attachment with the return was filed in this court on August 30, 1915,' after which nothing seems to have been done until April 20, 1917, when the following appearance was filed on behalf of respondent, the owner of the' Serapis:

No stipulation was filed by respondent, nor does it ask that its vessel he released from the attachment. Libelant now moves that the default of respondent be entered, or that it be directed to file a stipulation for the amount claimed in the libel. The motion is resisted by respondent.

The theory upon which libelant makes this motion is not quite clear.. No application for a default was made prior to the appearance above noted. It is quite true that the admiralty rule (Rule 4, 29 Sup. Ct. xxxix) provides that the attachment may he dissolved upon the defendant giving bond or stipulation to abide all orders, interlocutory or final, of the court, and pay the amount awarded by the final decree. But if…