Ex Parte Whitney Steamboat Corp., 249 U.S. 115 (1919)

ON PETITION FOR WRIT OF PROHIBITION

Syllabus

The jurisdiction acquired by the district court through an attachment of a vessel on a libel in rem, and the power of the court to subject the same vessel to a second attachment in a second like action, are not ousted by a requisition of the use of the vessel, made by the United States Shipping Board under authority of the Act of June 15, 1917, c. 29, 40 Stat. 182, and an order of the President, for war purposes, but without displacing the custody and possession of the marshal. P. 118.

And an order of the district court, made on application of the Shipping Board, with the consent of the libelants, permitting such vessel to be put at the service of the government for war purposes while still remaining in the custody of the marshall, through the master as special deputy, for the purposes of the court’s jurisdiction, is not subject to objection by an owner who had entered no appearance for the ship. Id.

Rule discharged; petition dismissed.

The case is stated in the opinion.