Page:Federal Reporter, 1st Series, Volume 1.djvu/893

DENT ». EADMANN. 885 �with a statement of the gronnd of his claim to the said money in court, namely, that William Patterson and the other owners of the eteamship Blagden were, on the seventh day of Decem- •ber, 1877, indebted to Cari Eadmann to an amount equal to the fund in court, which debt had been duly attached as the property of Eadmann in the action eommenced by him on that day, and had thereafter been paid into the registry under the order of this court. He also asserted that Patter- son and the other owners of the Blagden had no interest in said moneys since the payment thereof into the registry, and that JanBsen had never had any interest in the same, and was not entitled thereto. �Such beiag the position of these two actions, the action brought by Dent came on to be tried in regular order upon the calendar, whereupon it was moved in behalf of Dent that the action of Dent and the action of Janssen be Consolidated. Dent being represented by the same advocate in both ac- tions, and both Janssen and Eadmann being represented by a single advocate, and no opposition to the consolidation being made, the suits were ordered to be Consolidated, and thereupon proeeeded to hearing upon the pleadings and proof s. �The foUowing are the questions thus presented for determi- nation: �Was Eadman indebted to Dent upon the charter of the steamship Croft, as set forth in the libel of Dent, and at the time of filing the, same? �Did Dent, by means of the attachment issued in his action and served upon Patterson, the master of the steamship Blagr den, on December 7, 1877, acquire an interest in the money now in the registry? �Were Patterson and the other owners of the steamship Blagden indebted to Janssen, assignee of Eadmann, upon the charter of the Blagden, as set forth in the libel of Janssen, and at the time of the filing thereof? �If so indebted, is the fund in court applicable to the pay- ment of such debt as being the property of said owners ? �In regard to the indebtedness of Eadmann to Dent npon th« charter of the stearnship Croft considerable evidenoe bas ��� �