Appeal from the District Court of the United States for the Dis tried of Oregon.

Allen and Lewis, alleging- themselves to be partners, filed their libel against tito steamship Alliance on the 30th day of June, 1893, in the United States district court for the district of Oregon. The libel was in proper form, and set forth as the ground of the action instituted thereby a lien upon said steamship, her tackle, etc., created by the laws of Oregon. On the 13th day of June tile United States marshal for the said district of Oregon, in pursuance of a proper warrant of arrest, seized said steamship. On the 22d day of January, 1891, one JP. It. Strong filed a petition in said district court, praying for a dismissal of said libel, and a discharge of said steamship Alliance from arrest. The petition commences: “Now conies E. It. Strong, as as-signee of the Portland and Coast Steamship Company, claimant, petitions the court to dismiss the libel herein, and discharge said steamship Alliance from arrest, upon the ground that this honorable court has no jurisdiction to entertain this suit, or to have the custody of said steamship Alliance, and for grounds thereof alleges.” Then follows the statements that the Portland <& Coast Steamship Company is a corporation; that it made an assignment of all its property, including said steamship, for the benefit of creditors under the laws of the state of Oregon, and turned the same over to the possession of said assignee, Strong; that the said assignee accepted said trust, and duly qualified; that at the time of filing the aforesaid libel said assignee was in the possession of said steamship; that on the said 1311i day of June, 3893. (lie United Slates marshal for the district of Oregon, by virtue of a warrant issued out of said district court, took from the possession of said as-signee said steamship; that the said assignment, was ma.de and filed for record in Multnomah county, state of Oregon, and at the time of the institution of said suit the said assignee was, and the property of the said insolvent corporation was, and since has been, and now is, subject to the jurisdiction and orders of the circuit court of the state of Oregon for .Multnomah county. The prayer of the poli (.ion is: “Wherefore, finid 1<\ it. Strong, as assignee as aforesaid, respectfully prays that the libel herein may be dismissed, and that said vessel may be restored to his possession.” On the 29ih day of January, 1894, the libelants filed certain exceptions to said petition. On the 21st of February of said year the above-named district court ma.de the following-order: “Now at this day this cause conies on to be heard upon the exceptions of the libelants filed to the petition of the claimants to dismiss this libel herein for want of jurisdiction, and was argued by J. N. Teal, of counsel for said libelants, and by .0. E. S. Wood, of counsel for said complainant, on consideration whereof it is ordered and adjudged that said exceptions be, • and the same are hereby, overruled, and that said petition be allowed; that the libel herein be, and the same is hereby, dismissed, without prejudice; and that said claimant do have and recover of and from said libelants his costs and disbursements herein taxed. And it is further ordered that the United States marshal do forthwith deliver up the possession of the said steamer Alliance, above named, to said claimant, Fred It. Strong, assignee of the Portland & Coast Steamship Company.” Subsequently the libelants appealed the cause to this court. In this court the claimant filed his motion to dismiss said appeal upon the ground that this court had no jurisdiction to hear the same.