Norton v. Switzer
Supreme Court of the United States
ERROR to the Supreme Court of the State of Louisiana. Switzer brought suit against Mary Hein and John Hein in the Second Judicial District Court for the parish of Jefferson, which, by consent of parties, was transferred to the Fifth District Court of the parish of Orleans. During its pendency, he suggested that since the institution thereof the defendants had taken the benefit of the bankrupt law, and that Emory E. Norton had been appointed and qualified as their assignee.
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ERROR to the Supreme Court of the State of Louisiana. Switzer brought suit against Mary Hein and John Hein in the Second Judicial District Court for the parish of Jefferson, which, by consent of parties, was transferred to the Fifth District Court of the parish of Orleans. During its pendency, he suggested that since the institution thereof the defendants had taken the benefit of the bankrupt law, and that Emory E. Norton had been appointed and qualified as their assignee. The court ordered that the latter, in his capacity as such assignee, be made a party to the suit in their place and…
1Opinion of the CourtJustice Clifford
State legislatures have no authority'to create a maritime lien, nor can they confe'r any jurisdiction upon a State court to enforce such a lien by a suitor proceeding in rem, as practised in the admiralty courts.'
Causes of action which give, rise to a maritime lien, whether contracts or .torts, may be prosecuted in other modes of proceeding as well as in rem in the admiralty.
Wherever a maritime lien arises, the libellant or plaintiff may waive the lien in the admiralty, and pursue his remedy by a suit in personam, or he may institute an action at law, if the common law is competent to give…
2Cases cited3 opinions
- The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837
- Leon v. GalceranSupreme Court of the United States · 1871
- Stevens v. TownsendMichigan Supreme Court · 1843
3Cited by51 opinions
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Riehle v. MargoliesSupreme Court of the United States · 1929
- The GlideSupreme Court of the United States · 1897
- Leopard Marine & Trading, Ltd. v. Easy St. Ltd.Court of Appeals for the Second Circuit · 2018
- In Re Mid-City Parking, Inc.United States Bankruptcy Court, N.D. Illinois · 2005
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