John E. Seamen et. al v. Schooner Forester and Cargo

John E. Seamen et. al v. Schooner Forester and Cargo

Lower Court

  • Franklin County


  • 1839


  • 476


  • 865


Libellant with his said Schooner, did go to the relief of the said Schooner Forester, and succeeded in saving the Cargo by Lightering and with it brought the said Schooner Forester safely to the wharf of Apalachicola. All these premises the Libellant alleged to be true, in verification whereof, if denied, the Libellant craves leave to refer to the depositions and other process to be exhibited by him in this Court, and prays that process is due form of law according to practice of Courts of Admiralty may issue.

And, whereas, thereupon the Commissioner in Admiralty of said District, in the county of Franklin, did on the thirty first day of October 1838 by his order and decree order and direct as follows "On reading and considering the foregoing libel it is ordered that an attachment and monition issue by the clerk in due for as prayed for in said libel, and according to the usages and practice of this court, and that the same be returnable before this court on the twenty sixth day of November next at the Court house, or place of holding Courts in the City of Apalachicola, and that the Marshall of said district forthwith execute said writ of attachment according to law, and also the aforesaid monition by personal service on A.H. Stevens, and by posting up a copy thereof on the mast of the Schooner Forester, and also causing the same to be published in one of the newspapers of this district at least two weeks before the return day thereof according to law. You the Marshall are therefore hereby authorized, empowered and strictly enjoined, promptly to cite and admonish all persons whatsoever, having or pretending.