Leon v. Galceran
Supreme Court of the United States
Galceran and two other sailors brought each a suit in personam, in one of the State courts of Louisiana, against Maristany, owner of the schooner Gallego, to recover mariners’ wages, and had the schooner, which was subject to a lien and “privilege” in. their favor, according to the laws of Louisiana, similar in some respects to the principles of the maritime law, sequestered by the sheriff of the parish.
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Galceran and two other sailors brought each a suit in personam, in one of the State courts of Louisiana, against Maristany, owner of the schooner Gallego, to recover mariners’ wages, and had the schooner, which was subject to a lien and “privilege” in. their favor, according to the laws of Louisiana, similar in some respects to the principles of the maritime law, sequestered by the sheriff of the parish. The writ of sequestration was levied upon the schooner, which was afterwards released upou Maristany’s giving a forthcoming bond, with one Leon as surety, for the return of the vessel to the…
1Opinion of the CourtJustice Clifford
Mariners in suits to recover their wages, may proceed against the owner or master of the ship in personam, or they may proceed in rem against the ship or ship and freight, at their election.
"Where the suit is in rem against the ship or ship and freight, the original jurisdiction of the controversy is exclusive in the District Courts, as provided by the ninth section of the Judiciary Act, but when the suit is in personam against the owner or master of the vessel, the mariner may proceed by libel in the District Court, or he may, at his election, proceed in an action at law either in the…
2Cases cited1 opinion
- The Steamer St. LawrenceSupreme Court of the United States · 1862
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