Owners of Steamboat Farmer v. McCraw
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was commenced in May, 1852, by attachment, sued out by the appellee against the steamboat Farmer, .to recover damages for injuries done to seventy-eight bales of cotton, belonging to the plaintiff, by a collision between the steamboat and a flat-boat on which the cotton was shipped.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was commenced in May, 1852, by attachment, sued out by the appellee against the steamboat Farmer, .to recover damages for injuries done to seventy-eight bales of cotton, belonging to the plaintiff, by a collision between the steamboat and a flat-boat on which the cotton was shipped. The affidavit, on which the attachment was issued, alleged that the steamboat, at the time of the collision, “ was commanded by Edward F. Shields, and claimed and owned by said Shields, Jacob B. Walker, and Daniel Walker” ; and…
1Opinion of the CourtGoldthwaite, J.
— The first question is upon the^action of the court in refusing to set aside the declaration. • The attachment was issued under the act of 17th January, 1844, (Acts 1843-4, 98,) and directs the sheriff to seize and take possession of the steamboat Farmer, with her tackle, apparel, and furniture, and to keép and retain the same in his possession, to answer to the judgment which may be rendered, unless the master, owner, or some other person for then;, enter into bond, &c. The first count of the declaration “ complains of Edward W. Shields, Jacob B. Walker, and Daniel Walker, claimants and…
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