The Theodore Perry
District Court, E.D. Michigan
On motion for distribution of proceeds. The schooner Theodore Perry, having been libeled by a large number of parties, was sold pendente lite, on the 16th day of September, 1875, and the proceeds paid into court Among these libels were: First, by the Detroit Dry Dock Company, for repairs furnished at Detroit, the home-port of the vessel, in July, 1874, to the amount of $2,-738 26. It appears that to secure this claim William Stewart, owner of the schooner,, and Hannah…
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On motion for distribution of proceeds. The schooner Theodore Perry, having been libeled by a large number of parties, was sold pendente lite, on the 16th day of September, 1875, and the proceeds paid into court Among these libels were: First, by the Detroit Dry Dock Company, for repairs furnished at Detroit, the home-port of the vessel, in July, 1874, to the amount of $2,-738 26. It appears that to secure this claim William Stewart, owner of the schooner,, and Hannah Stewart his wife, on the 7th of June, 1875, nearly a year after the claim accrued, executed to the dry dock company a mortgage…
1Opinion of the Court
BROWN, District Judge.
Most of the questions relative to admiralty jurisdiction and the marshaling of liens, have been so-frequently discussed, and the conclusions reached so • diametrically opposed to each other, that I feel reluctant to add another to the mass of adjudications which have served hitherto less to settle the law than to impair, in the minds of the profession, the value of all judicial precedents. As two lawyers can rarely be found to agree upon questions touching at all upon admiralty jurisdiction, it is hopeless for an inferior court to attempt to establish a precedent; it can…
2Cases cited8 opinions
- Donnell v. StarlightMassachusetts Supreme Judicial Court · 1869
- Austin v. Curtis & WalkerSupreme Court of Vermont · 1858
- Barque Great West No. 2 v. OberndorfIllinois Supreme Court · 1870
- Veltman v. . ThompsonNew York Court of Appeals · 1850
- Germain v. Steam Tug IndianaIllinois Supreme Court · 1850
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