Billis v. The Steamboat "Henrietta"
Supreme Court of Minnesota
This cause was brought to the Supreme Court by "Writ of Error to the District Court of Ramsey County. The Complaint set forth that on the 1st of May, 1854, at Tabula, Iowa, four boxes belonging to the Plaintiff, were shipped on board the Defendant, and which, by a certain contract, or agreement in writing, made by the proper officer or agent of said boat, were to be transported on said boat and delivered, without delay, &c, unto J. W. Bass & Co., they paying freight, &c.;…
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This cause was brought to the Supreme Court by "Writ of Error to the District Court of Ramsey County. The Complaint set forth that on the 1st of May, 1854, at Tabula, Iowa, four boxes belonging to the Plaintiff, were shipped on board the Defendant, and which, by a certain contract, or agreement in writing, made by the proper officer or agent of said boat, were to be transported on said boat and delivered, without delay, &c, unto J. W. Bass & Co., they paying freight, &c.; that said boxes were marked “D. S. Beilis, care of J. "W. Bass & Co., St. Paul.” That two of said boxes had not been…
1Opinion of the Court
JBy the Court
Sherburne J.
This is a demurrer to tbe Complaint. Tbe action is brought by virtue of a provision of tbe Statute of this Territory, is summary in its character, and is unknown to tbe common law. It is unnecessary therefore to cite authorities to sustain tbe position that in such process, tbe provisions of tbe Statute, must be substantially, if not literally complied with. Without form, registry, or any notice whatever to tbe public, a lien upon steamboats navigating tbe waters of this Territory is created by law for the discharge of all claims, which have accrued, or demands which…
2Cases cited2 opinions
- Jones v. SwanNew York Supreme Court · 1831
- Manchester v. StorrsNew York Supreme Court · 1848