Tug Montauk v. William H. Walker & Co.
Illinois Supreme Court
Appeal from the Court of Common Pleas of the City of Cairo; the Hon. John H. Mulkey, Judge, presiding. This was a proceeding, instituted in the court below, by W. H. Walter & Co. against the tug Montauk, by a warrant under the act of February 16th, 1857, in reference to proceedings in rem against boats and vessels. The further facts are stated in the opinion.
1Opinion of the CourtChief Justice Breese
This was an action of assumpsit, brought to the Court of Common Pleas of the city of Cairo, at the October term, 1866, by William H. Walker & Co. against the steam tug Montauk, under the act of the general assembly of February 16, 1857, called “The Steamboat Warrant Act.” Scates’ Comp. 789.
A motion was made by defendants, to dismiss the cause for want of jurisdiction, which was overruled; and the defendant saying nothing further in bar of the action, judgment was rendered against the boat by default, and damages assessed to one hundred and nine dollars, the amount of the plaintiffs’ demand.
The…
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