Samuel Blatchford

“ It is contended also that the 'due process of law' guarantied to every person by article 5 of the amendments to the constitution of the United States implies, with reference to proceedings under the judicial power of the United States, notice of some kind, and opportunity to be heard, not only as a requisite, but as a prerequisite; that the rights of the damage claimants had never been submitted or subjected in any form to the Massachusetts court ”

“ Although some prior notice of the holding of the appraisement might very well have been served upon Vanderbilt, even if he was out of the jurisdiction of the Massachusetts court, he having been named in the libel and petition as a respondent, yet the appraisement ex parte was not void, because rule 54 does not require prior notice prior notice of the appraisement to be given to any one, and only requires a monition to be issued after a stipulation has been given or a transfer has been made to a trustee. ”

“ As to the contention that, in order to retain jurisdiction, the Massachusetts court should have kept possession of the Dimock until Morrison or Vanderbilt, or both of them, should have chosen to appear in the cause, and that, by allowing her to go to New York, in the ordinary course of her business, after the stipulation had been given, the district court in Massachusetts lost such jurisdiction as it had acquired, there are several sufficient answers:
(1) The proceeding to limit liability is not an action against the vessel and her freight, except when they are surrendered to a trustee ”