Legal Opinion

Hawgood & Avert Transit Co. v. Dingman

Court of Appeals for the Eighth Circuit

Decided May 9, 1899No. Nos. 1,149, 1,150PublishedCited by 5 opinions

Appeals from the District Court of the United States for the District of Minnesota. These are appeals from two decrees in admiralty rendered in proceedings against the steamer Belle P. Cross. On December 14, 1896, Gustave Herman, Ralph B. Herman, and Edward G. Ashley filed a libel in the court below against this steamer, her engine, boilers, tackle, apparel, and furniture.

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Appeals from the District Court of the United States for the District of Minnesota. These are appeals from two decrees in admiralty rendered in proceedings against the steamer Belle P. Cross. On December 14, 1896, Gustave Herman, Ralph B. Herman, and Edward G. Ashley filed a libel in the court below against this steamer, her engine, boilers, tackle, apparel, and furniture. This libel was in the usual form, except that it' contained an allegation that, after the supplies on account of which it was filed had been furnished, the owner of tlie vessel had taken her engine, boilers, and machinery…

1Opinion of the CourtSanborn, Circuit Judge

The questions presented in this case turn upon tlie legal effect of the discharge of the engine, boilers, and machinery upon the appraisal and bond on March 10, 1897. If that discharge released this property from the maritime liens of those who had not then tiled their libels in the court below, the decrees were erroneous; but if it left these liens unimpaired, and discharged the property from the liens of those who were then, parties to the proceedings only, they were right. The theory of the appellants is that the bond of March 4, 1897, became a substitute for the engine, boilers, and…

2Cases cited8 opinions

  1. The OregonSupreme Court of the United States · 1895
  2. The Haytian RepublicSupreme Court of the United States · 1894
  3. Chase v. DriverCourt of Appeals for the Eighth Circuit · 1899
  4. Ward v. ChamberlainSupreme Court of the United States · 1859
  5. The UnionU.S. Circuit Court for the District of Southern New York · 1857

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Patterson Oil Terminals, Inc. v. The Port Covington the Girard PointCourt of Appeals for the Third Circuit · 1953
  2. In Re MooreDistrict Court, E.D. Michigan · 1968
  3. Mayer & Lage, Inc. v. Prince Line, Ltd.District Court, S.D. New York · 1920
  4. O'Boyle v. Carteret Ferry Corp.Court of Appeals for the Second Circuit · 1931
  5. Cioffi v. New Zealand Shipping Co.District Court, S.D. New York · 1947

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