Smith v. Oregon Short Line Ry. Co.
Oregon Supreme Court
Multnomah County: E. D. Shattuck, Judge. Action by W. K. Smith, A. I. Smith, W. V. Smith, and P. C. Smith, doing business under the firm name of Smith Bros. & Co., against the boat Victorian, the Oregon Short Line & Utah Northern Railway Company, claimant, to enforce a material man’s lien. From a judgment for plaintiffs, claimant appeals.
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Multnomah County: E. D. Shattuck, Judge. Action by W. K. Smith, A. I. Smith, W. V. Smith, and P. C. Smith, doing business under the firm name of Smith Bros. & Co., against the boat Victorian, the Oregon Short Line & Utah Northern Railway Company, claimant, to enforce a material man’s lien. From a judgment for plaintiffs, claimant appeals. Sections 3692 to 3706 of the boat lien law relating to the remedy are unconstitutional and void, being in contravention of the provisions of the United States statutes conferring upon the admiralty courts of the United States exclusive jurisdiction of…
1Opinion of the CourtChief Justice Lord
1. This is an action brought against the defendant boat Victorian, under the provisions of the boat lien law (sections 3690 et seq), to enforce a lien for materials alleged to have been furnished by the plaintiffs to one J. F. Steffen, and to have been used by him as a contractor in the construction of the defendant boat. The record discloses that the sheriff of Multnomah County seized the boat, whereupon the Oregon Short Line Ry. Co., as defendant and claimant, filed its undertaking as provided by section 3698 of Hill’s Code, with D. P. Thompson and J. W. Troupe as sureties, and obtained its…
2Cases cited28 opinions
- The BelfastSupreme Court of the United States · 1869
- Edwards v. ElliottSupreme Court of the United States · 1874
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Senter v. De BernalCalifornia Supreme Court · 1869
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3Cited by49 opinions
- Osborn v. LogusOregon Supreme Court · 1894
- Harrison v. BirrellOregon Supreme Court · 1911
- Bennett v. MinottOregon Supreme Court · 1896
- Robinson v. LewisOregon Supreme Court · 1969
- Colby v. City of PortlandOregon Supreme Court · 1917
44 more not listed; retrieve them via the Exa API.