Noah Haynes Swayne

“ They are in perfect consistency with the ground relied upon by the respondents here, to wit, that, being in a legal sense inhabitants of the District of New Jersey, they could not be sued in the Eastern District of New York, by process of attachment and seizure of their goods. ”

“ If there could be any doubt upon the subject it is removed by their repeated subsequent recognitions of the fact. This made their position just what it would have been if they had been brought in regularly by the service of process. In this aspect of the case all defects were cured and the jurisdiction of the court over their persons became complete. [39] This warranted the decree in personam for the amount adjudged to the libellants.
But the stipulation for value was entered into subject to the motion to discharge the property attached; the stipulation to be cancelled if the motion prevailed. ”

“ The libel was filed in the District of Maryland, charging Almeida with having committed a tort, on board a certain vessel off the Capes of the Chesapeake, in taking therefrom $5000 in specie, and converting it to his own use. It appears, by the statement of the case, that Almeida resided in the district, but had absconded from the United States, and fled beyond the jurisdiction of the court ”

“ The general language found in one place, may be restricted in its effect to the particular expressions employed in another, if such, upon a careful examination of the subject, appears to have been the intent of the enactment. ”

“ Almeida, with which these views are in no conflict.'
Mr. Justice SWAYNE recapitulated the facts of the case and delivered the opinion of the court.
The libel is founded upon a charter-party and seeks to recover freight earned by the ship Elizabeth Hamilton in bringing a cargo of bamboo from Kingston and Port Morant, in the island of Jamaica; for demurrage while the ship was obtaining the cargo, and for damages to the ship by getting on a reef when leaving Port Morant. ”