Dumont v. Steamer Petrel No. 2
Ohio Superior Court, Cincinnati
These were suits for amounts due for building, repairing, furnishing, equipping, etc., the steamer Petrel No. 2, at Cincinnati, Ohio, the home port of said boat, she being then wholly owned by parties residing in Ohio. The suits were brought to enforce an alleged lien under the watercraft law of this State against the boat by name, and she was accordingly seized. Motions were made by defendants to dismiss the proceedings for want of jurisdiction, and reserved to General Term.
1Opinion of the CourtHagans, J.
It is now the well-settled law, which our Supreme Court discusses and recognizes in the Steamboat General Buell v. Long, 18 Ohio St. 533, that in all cases where the suit is brought for the enforcement of a maritime lien, by proceedings in rem, the admiralty jurisdiction of the Federal court is exclusive. So that, in the cases at bar, the only question to be considered is, whether the claims are such as belong to the admiralty cognizance. If they are maritime liens they can not be enforced in the State courts by proceedings in rem under the watercraft law. Statutes similar to our watercraft…
2Cases cited6 opinions
- Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
- McCormick v. TalcottSupreme Court of the United States · 1858
- The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
- Redman v. StateIndiana Supreme Court · 1826
- Wyatt v. StuckleyIndiana Supreme Court · 1868
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