¶1The tender should include not only the debt, but all costs incurred up to that time, notwithstanding the vessel has never been seized. The filing of the libel and the delivery of the writ to the officer is a commencement of suit which entitles the libellant tc costs. Decree for li-bellant.
23 F. Cas. 424
The Sunshine
U.S. District Court
Decided June 15, 1859
U.S. District Court · decided 1859-06-15
An attachment was issued against the Sunshine upon a libel hied by one Kimball. The marshal returned that the vessel could not be found in his district. Afterwards the owner came into court, tendered the amount of the debt claimed in the libel, but without costs. insisted that the claimant was not bound to include costs in the tender, as there had been no arrest of the vessel.
Decided 1859-06-15