195 F. 9 | 6th Cir. | 1912
Olds, a citizen of Michigan and inhabitant of the Eastern district, commenced an attachment suit pursuant to the Michigan practice, and caused the writ to be levied on a vessel belonging to the lumber company, which was an Illinois corporation, with, its principal office at Chicago, but which had no regular place of business in Michigan. A copy of the writ, operating as a summons, was served upon the master of the vessel. No other personal service was attempted. The master, in his own name and not purporting to act for defendant, gave a forthfcoming bond under section 10,568, Michigan Compiled Laws 1897, by which he stipulated the production of the vessel to satisfy any judgment which might be rendered. The defendant thereafter moved to dismiss the writ' because it was not subject to be sued merely by seizure of its property in a district of which it was not an inhabitant, and because service upon the master was not good service upon the defendant. Plaintiff moved to strike from the files defendant’s motion papers because there was good personal service, and because the giving of the bond was- a general appearance. The Circuit Court granted defendant’s motion, deniéd plaintiff’s motion, and entered a judgment vacating the writ of attachment, quashing the service and dismissing the suit. The plaintiff brought a writ of error to this court, and defendant now moves
This view of the case necessarily leads to a dismissal of the writ of error for lack of jurisdiction; and it will be so ordered.