Russel v. Conway
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. Plaintiffs aver that on the twenty-third of February, 1855, they instituted in the United States District Court for the Northern District of California, an action against the bark Elvira, belonging to defend-: ants, to recover damages sustained by a collision of said bark and a certain other vessel called the Madonna, the property of plaintiffs.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. Plaintiffs aver that on the twenty-third of February, 1855, they instituted in the United States District Court for the Northern District of California, an action against the bark Elvira, belonging to defend-: ants, to recover damages sustained by a collision of said bark and a certain other vessel called the Madonna, the property of plaintiffs. That defendant Conway appeared and answered to such action, as owner of the Elvira, defendant Brooks acting as his attorney, and procured the release of the…
1Opinion of the Court
I. We insist that the plaintiffs do not in their bill show any right to come into Court to set off these two judgments.
1. In the first place, the plaintiffs do not show upon their part any sufficient interest in the subject of the controversy. It appears that both judgments are in rem—the one against “ the Elvira,” and the other against “ the Madonna.” We are not seeking to enforce our judgment against the plaintiffs, but simply against “ the bark Madonna,” which was long ago sold to Meiggs & Pray. The plaintiffs say that they, in their bill, show an interest; let us see if they do.
2. It will…
2Cases cited6 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Gay v. GayNew York Court of Chancery · 1843
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Barber v. SpencerNew York Court of Chancery · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harrison v. AdamsCalifornia Supreme Court · 1942
- Gage v. AtwaterCalifornia Supreme Court · 1902
- Arp v. BlakeCalifornia Court of Appeal · 1923
- Hobbs v. DuffCalifornia Supreme Court · 1863
- Lyon v. PettyCalifornia Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.