Page:Federal Reporter, 1st Series, Volume 5.djvu/473

HARBIMàN V. BOCKAWAY BEAOH PIEE CO. 4^1 �Haeriman V. Thb Eockawat Bbach Pier Compani. (District Court, E. D. New Torh. Augnst 30, 1880.) �1. Attachmbnt — Maeshal's Rbtubh. �An attachment, under an ordinary process in personam, will not be vacated upon the ground that the marshal attached the property ■without having made any proper eflort to serve the defendant, where the marshal returned that he made -a reasonable efiort to serve the defendant before making the attachment. �2. Same— Falsb Rbttjkn. �The proper course, under such circumstanees, is to allow the retyrti to stand, and leave the marshal to justify it in an action agalnst him for a false return. �3. Same— Iron Pibb. �An iron pier is not attachable under such process as coming withi» the designation of goods and chattels. — [lio. �In Admiralty. �Bbnedict, D. J. This is a motion on the part of the de- fendant for the release of the iron pier at Eockaway froni a seizure thereof made by the marshal on the 19th inst. �The process was the ordinary process in personarh, and contained a clause directing the marshal, in case the defend- ant could not be found within his district, to attach the gooids and chattels thereof within the district to the amount sued for. In pursuance of this direction the marshal attached the iron pier in question, and also certain lamps, benches, a life-boat, a clock, some life-preservers, awnings, and a quan- tity of rope, oil, varnish, paints, lumber, etc., and made return to the process that the defendant, not having been found, he had, in obedience to the writ, attached the iron pier and other property above described. The defendant now moves to vacate the attachment. One ground of the motion is that the ma^rshal attached the property without having made any proper effort to serve the defendants. The facts, as they appear in the af&davits that have been read, are not suf&cient to justify a discharge of the attachment on this ground. The marshal's return to the process is, in legal effect, that he made a reasonable effort to serve the defendant before making -the ����