Portland Butchering Co. v. The Willapa
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This is a proceeding in rem, under section 3690 of Hill’s Code, brought by The Portland Butchering Company against the steam propeller Willapa, her tackle, apparel, and furniture, to enforce a lien for supplies furnished the vessel in her home port.
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Appeal from Multnomah: E. D. Shattuck, Judge. This is a proceeding in rem, under section 3690 of Hill’s Code, brought by The Portland Butchering Company against the steam propeller Willapa, her tackle, apparel, and furniture, to enforce a lien for supplies furnished the vessel in her home port. The boat having been seized by the sheriff pursuant to the provision of section 3694 of Hill’s Code, Frederick B. Strong, as claimant, filed an undertaking under section 3698, and obtained her release. A demurrer to the complaint having been overruled, and judgment rendered against the sureties, the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Lord.
The only question raised by this appeal is, whether state courts have jurisdiction to enforce, by a proceeding in re to, a lien given for supplies furnished a domestic vessel in her home port. The contention for the defendant is that a proceeding of this character, brought against the vessel by name, which seeks to condemn and sell her to satisfy a lien given by the state for supplies furnished her, is exclusively within the admiralty jurisdiction cf the federal courts. The constitution of the United States ordains that the “judicial power shall extend to all…
2Cases cited25 opinions
- The Moses TaylorSupreme Court of the United States · 1867
- Ex Parte McNielSupreme Court of the United States · 1872
- The BelfastSupreme Court of the United States · 1869
- Edwards v. ElliottSupreme Court of the United States · 1874
- Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
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3Cited by1 opinion
- Cordrey v. SteamshipOregon Supreme Court · 1922