Legal Opinion

The George W. Elder

District Court, D. Oregon

Decided February 21, 1908No. 4,879PublishedCited by 2 opinions

In Admiralty. On exceptions to libel. This is a libel in rem to recover against the steamship George W. Elder ■ — the averments showing, in effect, that the libelant is a municipality, with power to sue and be sued, and with power, among other things, to operate a dry dock within-the limits of the port of Portland; that the George W. Elder is a vessel plying the waters of the United States; that between May 29 and September 38, 3906, at the instance and request of her owner,…

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In Admiralty. On exceptions to libel. This is a libel in rem to recover against the steamship George W. Elder ■ — the averments showing, in effect, that the libelant is a municipality, with power to sue and be sued, and with power, among other things, to operate a dry dock within-the limits of the port of Portland; that the George W. Elder is a vessel plying the waters of the United States; that between May 29 and September 38, 3906, at the instance and request of her owner, and upon the faith and credit of the vessel, the libelant lifted the vessel upon its dry dock, and furnished “dry…

1Opinion of the CourtWolverton, District Judge

(after stating the facts as above). The libel is challenged by exceptions thereto upon grounds following: *1010First, that the act constituting the port of Portland as a municipality is unconstitutional, and especially as it respects the authority attempted to be conferred by which it is designed that the municipality shall construct and operate a dry”dock; and, second, that this court is without competent jurisdiction, for the reason that the cause is not of a character cognizable in admiralty. The constitutionality of the act incorporating the port of Portland as originally enacted has been set…

2Cases cited11 opinions

  1. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  2. The J. E. RumbellSupreme Court of the United States · 1893
  3. The Robert W. ParsonsSupreme Court of the United States · 1903
  4. The GlideSupreme Court of the United States · 1897
  5. Cook v. Port of PortlandOregon Supreme Court · 1891

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re VasicekDistrict Court, E.D. Missouri · 1921
  2. In re WelshU.S. Circuit Court for the District of Eastern Pennsylvania · 1908

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