The Ship Portland v. Lewis
Supreme Court of Pennsylvania
In Error. WRIT of error to the Common Pleas of Philadelphia c.ounty. By an act of assembly passed the 27th March, 1784, sect. 2.(a) ships and vessels of all kinds, built, repaired, and fitted within this state, were declared to be liable and chargeable for all debts contracted by the masters or owners thereof, for or by reason of any work done, or materials furnished by any carpenter, blacksmith, mast-maker, &c. &c. for, upon, and concerning the building, repairing, fitting…
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In Error. WRIT of error to the Common Pleas of Philadelphia c.ounty. By an act of assembly passed the 27th March, 1784, sect. 2.(a) ships and vessels of all kinds, built, repaired, and fitted within this state, were declared to be liable and chargeable for all debts contracted by the masters or owners thereof, for or by reason of any work done, or materials furnished by any carpenter, blacksmith, mast-maker, &c. &c. for, upon, and concerning the building, repairing, fitting furnishing, and equipping such ship or vessel, in preference to any, and before any other debts due or owing from the…
1Opinion of the Court
Tilghman C. J.
The greatest 'difficulty which I have found in this case has been to determine, whether the proceedings have been properly removed by writ of error. It is a proceeding in rem. by a ship carpenter against the body of the ship for work done and materials found! As long as we hád a state Court of Admiralty, suits of this kind were brought in that Court by virtue of an act of assembly, passed the 27th March, 1784. But the Admiralty jurisdiction of the state having been taken away since the adoption of the present constitution of the United States, the same proceeding against the…
2Cases cited3 opinions
- Drowne v. StimpsonMassachusetts Supreme Judicial Court · 1807
- Ruhlman v. CommonwealthSupreme Court of Pennsylvania · 1812
- Miller v. MillerSupreme Court of Pennsylvania · 1810
3Cited by1 opinion
- Commonwealth v. BeaumontSupreme Court of Pennsylvania · 1834