Tuttle v. Buck
Ohio Supreme Court
Motion for leave to file a petition in error to reverse the judgment of the District Court of Lorain county. The scow M. Tuttle was built at Black River, a port on Lake Erie, in Lorain county, in 1869. Buck, the defendant in error, furnished lumber for its construction, and a part of the price remaining unpaid, he, on June 5, 1872, instituted proceedings in the Court of Common Pleas of that county, under the act to provide for the collection of claims .against steamboats and…
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Motion for leave to file a petition in error to reverse the judgment of the District Court of Lorain county. The scow M. Tuttle was built at Black River, a port on Lake Erie, in Lorain county, in 1869. Buck, the defendant in error, furnished lumber for its construction, and a part of the price remaining unpaid, he, on June 5, 1872, instituted proceedings in the Court of Common Pleas of that county, under the act to provide for the collection of claims .against steamboats and other water-crafts, and authorizing proceedings against the same by name, to enforce a lien upon the scow for the…
1Opinion of the CourtStone, J.
The objection taken to the jurisdiction of the-court below rests upon the assumption that the claim sought to be enforced arose out of a maritime contract, and constituted, therefore, a maritime cause of action. If this be so, and the case is not aided by the act of Congress of February 26, 1845, it may be conceded that the result contended for would necessarily follow. Under the act of September 24, 1789, the District Courts of the United States are invested with exclusive jurisdiction of all maritime causes of action,., saving to suitors, in all cases, the right of a common law remedy where…
2Cases cited6 opinions
- People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Roach v. ChapmanSupreme Court of the United States · 1860
- Thorsen v. The Schooner "J. B. Martin"Wisconsin Supreme Court · 1870
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