Rouse v. Jayne
Supreme Court of Alabama
Error to. the County Court of Mobile. The defendant in error commenced a suit by libel against the steamboat Norfolk. The sheriff seized the boat in virtue of the writ, and released it upon a bond being executed by Augustin E. Rouse, the master, with surety, upon condition that the bond should be void, if the obligors delivered the boat to the sheriff on the first Monday of July, 1845, or pay and satisfy such judgment as should be rendered in said libel suit. ' The sheriff…
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Error to. the County Court of Mobile. The defendant in error commenced a suit by libel against the steamboat Norfolk. The sheriff seized the boat in virtue of the writ, and released it upon a bond being executed by Augustin E. Rouse, the master, with surety, upon condition that the bond should be void, if the obligors delivered the boat to the sheriff on the first Monday of July, 1845, or pay and satisfy such judgment as should be rendered in said libel suit. ' The sheriff returned the seizure of the boat, the execution of the above described bond, and that the boat had been delivered to him…
1Opinion of the CourtCollier, C. J.
By a statute passed in 1836, a lien is given to persons furnishing materials, &c., for the use of any steamboat, &c., to the owner or consignee of goods, &c., received on a steamboat, &c., and not delivered, and the mode of enforcing such lien shall be by proceeding in the nature of a libel against such steamboat, &c., in any court having jurisdiction of the amount due; “ on which the clerk of the court shall issue an order of seizure, directed to the sheriff, or other officer of said court, who shall thereupon seize the said boat, her tackle, apparel and furniture; but the claimants of such…
2Cases cited1 opinion
- The AlligatorU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by1 opinion
- Murphy v. RobertsSupreme Court of Alabama · 1857