Majority
p. 35Ritter vs. Steam Boat Olive Branch and Owners.
Headnote
in a proceedseis for debts, (Tit.r the cause can-during thepenmurrer?f & d°"Motion for reference. This is a proceeding under the act authorizing the arrest of ships or vessels for debts con-traded by the master, owner, or consignee for and on account of such ships or vessels. (1 R. L. ISO.) On an afiidavit that the owners of the vessel had appeared and plead to the declaration, and that issue was joined in the cause, the plaintiff applied for a rule referring the cause to three indifferent persons to be named by the court. The motion
p. 36
was opposed, on the ground" that an issue of law was joined on demurrer to the declaration, which remained undecided.
■ W. A. Seely, for plaintiff.
W. H. Bell, contra.
The motion is premature. It must be denied.