Hay v. Steamboat Winnebago
Wisconsin Supreme Court
APPEAL PROM CIECTJIT COURT, WINNEBAGO COUNTY. This was an action commenced by Samuel M. Hay and Orson J. Clark, against the Steamboat Winnebago, under the act relating to boats and vessels. The complaint alleged, in substance, that they had a claim against the boat, for the sum of $124, for work, materials furnished in building, repairing, &c., the steamboat The boat was seized by the sheriff, upon the warrant.
Read the full summary
APPEAL PROM CIECTJIT COURT, WINNEBAGO COUNTY. This was an action commenced by Samuel M. Hay and Orson J. Clark, against the Steamboat Winnebago, under the act relating to boats and vessels. The complaint alleged, in substance, that they had a claim against the boat, for the sum of $124, for work, materials furnished in building, repairing, &c., the steamboat The boat was seized by the sheriff, upon the warrant. The answer to the complaint was put in by A. G. Lull, who claimed as owner, and in substance set forth, that on the 15th day of September, A. D. 1857, a judgment was rendered in the…
1Opinion of the Court
By the Court,
Paine, J.
The single qüestion presented on this appeal is, where a party has a claim against a boat, for which he may sue the boat itself, under the boat and vessel act, whether his right is cut off, if before he sues, but within the year in which, by that act, he was entitled to sue, the boat is sold on an execution issued on a personal judgment against the owner.
The question is supposed by the respondent’s counsel to turn upon the point, whether, by the act, the party had a lien on the boat; and in support of the position that he had not, he relies on the case of Jones et al.…
2Cases cited1 opinion
- Ritter v. Steamboat JamestownSupreme Court of Missouri · 1856
3Cited by3 opinions
- Globe Iron Works Co. v. The Steamer "John B. Ketcham, 2nd"Michigan Supreme Court · 1894
- Thorsen v. The Schooner "J. B. Martin"Wisconsin Supreme Court · 1870
- McRoberts v. Steamboat Henry ClayWisconsin Supreme Court · 1863