U.S. Circuit Court for the District of Eastern Michigan July 1, 1877 (The Poland)

BROWN, District Judge.

It was insisted at the hearing that as the action was not originally brought against the administrator, but was a proceeding in rem, the case did not fall within the proviso of section 858, and that the libelants were entitled to be sworn as to transactions with the intestate as a matter of right. I am satisfied, however, with the ruling made at the hearing upon this point.