William R. Day

“ We think the rule has not been changed; that an attachment is still but an incident to a suit, and that, unless jurisdiction can be obtained over the defendant, his estate cannot be attached in a Federal court. ”

“ Another contention is that the defendant, in appearing for the purpose of the motion submitting to the court the question of the right to attach his compensation as receiver in the court, had voluntarily submitted to the jurisdiction of the court; but we are of the opinion that this contention is untenable. It is the settled practice in the Federal courts that an appearance may be made for the sole purpose of raising jurisdictional questions, without thereby submitting to the jurisdiction of the court over the action. ”

“ A summons was issued against the defendant, Benjamin H. Read, trading as Lynah & Read, and return was made by the the marshal that the writ had not been served, as defendant was not found in his district. Thereafter an affidavit was filed for an attachment, setting forth that the defendant was one of the receivers of the circuit court of the United States for the northern district of West Virginia of the property of the Oakland Coal & Coke Company, and that there had been allowed to him for his services as such receiver the sum of $2,000. ”