Steam Boat Sea Bird v. Beehler
Supreme Court of Missouri
ERROR TO ST. LOUIS CIRCUIT COURT. STATEMENT OF THE CASE. The defendant in error brought his action under the statute.to recover. $401 90, alleged to be due him on account of stores and supplies furnished the boat.
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ERROR TO ST. LOUIS CIRCUIT COURT. STATEMENT OF THE CASE. The defendant in error brought his action under the statute.to recover. $401 90, alleged to be due him on account of stores and supplies furnished the boat. The defendant pleaded, first the general issue, and second, a special plea setting forth, in substance, that after the plaintiff’s lien accrued, and before institution of this suit, the said boat had been seized by virtue of process of the commercial court of New Orleans, at which port the boat then was, and was subsequently sold at New Orleans, by the sheriff, under an order of…
1Opinion of the Court
Judge Napton
delivered the opinion of the court.
To this action instituted under the provisions of our act concerning boats and vessels, the defendant pleaded, that subsequently to the lien of the plaintiff a suit was instituted by attachment in Louisiana against the owners, anda judgment obtained against the owners “with privilege on the property attached” that the boat was sold'under.the proceeding and Rogers & Co. became the purchasers.
The only question is, whether this judicial rule in Louisiana divested the plaintiff’s lien. The opinion of this court in the twq cases of steamboat Raritan…
2Cited by1 opinion
- Harris v. The HenriettaDistrict Court, D. Missouri · 1856