Hursey v. Hassam & Pooley
Mississippi Supreme Court
Error to the circuit court óf Hancock county. Chandler, J. 1. The demurrer to the declaration set forth, for cause, the exclusive jurisdiction in admiralty, and that the lien was barred by time. On the first canse we cite, 20 How. (U. S.) 393; 4 Wal. 556 ; 21 How.
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Error to the circuit court óf Hancock county. Chandler, J. 1. The demurrer to the declaration set forth, for cause, the exclusive jurisdiction in admiralty, and that the lien was barred by time. On the first canse we cite, 20 How. (U. S.) 393; 4 Wal. 556 ; 21 How. (U. S.) 248. There was, also, a plea of the limitation of six months (Code, 328, art. 6), and that the contract'was parol. 2. After the proof was all closed, the court directed a special verdict on two points: 1st. Whether the suit was brought within six months after the debt was due ; 2d. Whether the account was a lien on the…
1Opinion of the Court
Peyton, C. J. :
Thomas Hassam and John Pooley instituted suit in the circuit court of Hancock county against Asa H. Hursey and Asa Hursey, to enforce an alleged lien on a certain schooner built in said county, for materials and money furnished by them in building the same, under an act of the legislature, entitled ‘£ An act to regulate the lien of mechanics and others for labor and materials.” Rev. Code, 327.
To the plaintiffs’ petition the defendants demurred, on the grounds, among others, that the circuit court of said county had no jurisdiction over the subject-matter of the suit, and *140that…
2Cases cited3 opinions
- The BelfastSupreme Court of the United States · 1869
- People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
- Maguire v. CardSupreme Court of the United States · 1859
3Cited by4 opinions
- Atlantic Terra Cotta Co. v. Moore Construction Co.West Virginia Supreme Court · 1914
- Federal Land Bank v. Thames Lumber & Supply Co.Mississippi Supreme Court · 1931
- Evans v. Central Service & Supply Co.Mississippi Supreme Court · 1969
- Turley v. IngramMississippi Supreme Court · 1884