Butts v. Cuthbertson
Supreme Court of Georgia
Motion to quash fi. fa. before .Judge Warren, at Chambers, The plaintiffs and defendant were creditors who had sued out and foreclosed their liens upon the steamboat Magnolia, under the Act of 1841, giving to certain persons a lien on steamboats and other water-craft navigating certain specified rivers, for provisions and wood furnished and services rendered.
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Motion to quash fi. fa. before .Judge Warren, at Chambers, The plaintiffs and defendant were creditors who had sued out and foreclosed their liens upon the steamboat Magnolia, under the Act of 1841, giving to certain persons a lien on steamboats and other water-craft navigating certain specified rivers, for provisions and wood furnished and services rendered. The provisions of this Statute are as follows :— Seo. 1. From and immediately after the passage of this Act, all persons employed, either as captain, pilot, engineer, first or second mate, fireman, deck-hand, or in any other capacity…
1Opinion of the Court
*163 By the Court.
Nisbet, J.
delivering the opinion.
The Act of 1841, which allows liens to certain persons employed on board steamboats and other water-craft, engaged in the navigation of certain rivers, is in derogation of common right, and must be construed strictly. So construed, those who institute proceedings under it, are to be held in the pleadings to 'bring themselves within all its conditions. All the exceptions taken in this case but one, depend upon this requirement. Our duty is, therefore, chiefly by a comparison of the affidavit of the petitioner for the lien, with the Act, to…
2Cited by2 opinions
- Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
- Moore v. MartinSupreme Court of Georgia · 1877