Page:Federal Reporter, 1st Series, Volume 4.djvu/833

U'CABïT ». 8TBAU-PK0I>ELLKa CITT OP NEW BEDFOBD. 81& �district court of the county of Bristol and state of Massachu- setts, in an action commenced in said court, and then pend- ing between George B. Eddy, as plaintiff, and eaid Hare as defendant. �In regard to the demand of the libellant McCarty similar matter is plead in bar, save only that in the suit against McCarty the attachment was served on the twenty-seventh day of Pebruary, and subsequent to the commencement of this* proceeding. �Thereafter, and on the eighteenth day of May, the claim- ants filed a supplemental answer, wherein it was further averred that, upon the return of the said writ of attachment in the suit of Eddy against Hare, the plaintiff filed his decla- ration that the defendant owed him $50 ; that the Old Colony Steam-boat Company appeared in said suit as garnishee, and on the sixteenth day of February, 1880, filed their answer, claiming, as matter of law, that the wages of said Hare in their hands were exempt from attachment, and subsequently their additional answer, alleging the commencement of this proceeding by the libellant; that said Hare did not appear in said suit, and on the twelfth day of May it was adjudged by the said second district court that the said Eddy recover against the said Hare the sum of $50, and the Old Colony Steam-boat Company were charged on their answer with the payment to said Eddy of the amount eamed by him from the Company; that the said judgment still remains in full force and effect, and the said company haa been and is thereby directed to pay to said Eddy, on account of the amount found due to him from said Hare, the entire amount of the wages which are claimed by him in this suit. �To this answer the libellants have excepted, upon the ground that the matters above stated are no bar to the present pro- ceeding. �In regard to the wages of the libellant McCarty, the excep- tion has been submitted'to, the attachment having been served subsequent to the filing of the libel. In regard to the wages of the libellant Hare, the answer is insisted upon, and the court is now called on to determine its sufficiency. ����