Stapp v. Steamboat Clyde
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Hennepin county, entered pursuant to an order of Smith, J. The action was commenced by attachment pursuant to Gen. St. 1878, c. 83, to enforce a claim of $190.65, for coal furnished, and the ground of decision was that the statute is unconstitutional, this objection having been taken by H. Trumbull, owner of the steamboat, appearing specially to object, on that ground, to the jurisdiction of the court.
1Opinion of the CourtVanderburgh, J.
This action is brought to enforce a lien for supplies furnished the Clyde, a steamboat navigating the waters of Lake Minnetonka, in this state. The owner appeared and demurred to the complaint, which was sustained on the ground that the statute of this state authorizing such proceedings against boats and vessels is unconstitutional. Two questions are to be considered: (1) Whether, in such cases, the jurisdiction of the state courts is limited to common-law remedies in form; and (2) whether the proceedings authorized by the statute in question constitute due process of law.
1. The inland lakes…
2Cases cited5 opinions
- The BelfastSupreme Court of the United States · 1869
- The Hine v. TrevorSupreme Court of the United States · 1867
- Happy v. . MosherNew York Court of Appeals · 1872
- Brookman v. . HamillNew York Court of Appeals · 1871
- Miller v. Town of CorinnaSupreme Court of Minnesota · 1890
3Cited by4 opinions
- Shaughnessy v. Northland Steamship Co.Washington Supreme Court · 1917
- Lindstrom v. Mutual Steamship Co.Supreme Court of Minnesota · 1916
- Kurtz v. West Duluth Land Co.Supreme Court of Minnesota · 1893
- Stapp v. ClydeSupreme Court of Minnesota · 1890