Murphy v. Roberts
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. JohN Gill Shorter. The proceedings in this case were instituted by the appellees, who libeled the steamboat Pink Toney, for work and labor performed by them, at the instance of the captain and master, in getting the said boat afloat from the wharf at Montgomery, where she had been left aground by a sudden fall in the river.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. JohN Gill Shorter. The proceedings in this case were instituted by the appellees, who libeled the steamboat Pink Toney, for work and labor performed by them, at the instance of the captain and master, in getting the said boat afloat from the wharf at Montgomery, where she had been left aground by a sudden fall in the river. The sheriff having taken the boat into hispossession, underthe writ of seizure, thereupon the appellants, as stipulators, entered into bond, conditioned as follows: “Now, therefore, if the said Alexander…
1Opinion of the CourtStone, J.
We do not think the act of 1824 justified the libel in this case. We hold, however, that it was clearly authorized by the act of 1836. — Clay’s Digest, 139, §§ 22, 23. The demand sued for was for labor for the use of a steamboat; and it is thus brought within the very letter of the statute.
We do not understand the appellants as controverting the correctness of the sentence, condemning to sale the steamboat, her tackle, apparel and furniture. Under the authorities, they could not be heard to question the regu*234larity of tbat sentence. — See them referred to on the briefs of counsel. It is not…
2Cases cited4 opinions
- The AlligatorU.S. Circuit Court for the District of Massachusetts · 1812
- Richardson v. Cleaveland & HugginsSupreme Court of Alabama · 1837
- Bell v. ThomasSupreme Court of Alabama · 1845
- Rouse v. JayneSupreme Court of Alabama · 1848
3Cited by1 opinion
- Hunter v. McCrawSupreme Court of Alabama · 1858