Lever Transp. Co. v. Ollinger
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Bill by Harry W. Ollinger against tbe Mississippi Shipbuilding Corporation, the Lever Transportation Company, and another to fasten a lien upon the Elizabeth Ruth for materials furnished, in constructing the vessel. Erom decree overruling demurrers to the bill, respondent Lever Transportation Company appeals.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Bill by Harry W. Ollinger against tbe Mississippi Shipbuilding Corporation, the Lever Transportation Company, and another to fasten a lien upon the Elizabeth Ruth for materials furnished, in constructing the vessel. Erom decree overruling demurrers to the bill, respondent Lever Transportation Company appeals. The bill alleges that the Mississippi Shipbuilding Corporation began the building at Biloxi, in the state of Mississippi, of the schooner Elizabeth Ruth; that the schooner Was not completed at Biloxi, but was taken to…
1Opinion of the CourtSomerville, J.
The judgment in this ease must' be reversed on the authority of Scatcherd Lumber Co. v. Rike, 113 Ala. 555, 21 South. 136, 59 Am. St. Rep. 147. That case was a bill in equity to declare and enforce a lien, under section 3054 of the Code of 1886 (now section 4790 of the Code of 1907), upon a steamboat, owned by nonresidents, plying the Tennessee, for labor and materials furnished for its necessary repair at Decatur, Ala.
After a full consideration of the statute in its relation to federal maritime laws and jurisdiction, it was held that it was a valid statute only if it were limited in its…
2Cases cited4 opinions
- Edwards v. ElliottSupreme Court of the United States · 1874
- Southern Railway Co. v. MooreSupreme Court of Alabama · 1900
- Baizley v. The Brig OdorillaSupreme Court of Pennsylvania · 1888
- Scatcherd Lumber Co. v. RikeSupreme Court of Alabama · 1896
3Cited by1 opinion
- Lever Transp. Co. v. Standard Supply Co.Supreme Court of Alabama · 1920