(DOWNLOAD) "J. Manro and Others v. Joseph Almeida" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: J. Manro and Others v. Joseph Almeida
- Author : United States Supreme Court
- Release Date : January 08, 1825
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Feb. 26th. Mr. Hoffman and Mr. Mayer, for the appellants, argued, (1.) That on principle the process of attachment must be considered as peculiarly applicable in admiralty proceedings. As the Court acts habitually in rem, the proceeding by attachment very naturally became a part of its practice. Hence it was often resorted to in early times in England; but the Courts of common law, influenced by an illiberal and jealous spirit, have gradually encroached upon the admiralty judicature; and, we may readily believe, as we are told, that it has fallen into desuetude in that country.1 a But this does not prove that its legal existence is extinguished. It is still in use on the European continent, whence the local customs of London and Exeter were also derived; the principle being, that persons are to be reached by justice through the medium of their property, as well as by direct proceedings in personam; and though there are some exceptions to the application of this principle, yet it is universally applied to the case of absconding debtors.2 b Contrary to the opinion of Huberus, the proceeding by attachment was known to the civil law, and is expressly provided for by the Digest, in the case of an absconding defendant.