Legal Opinion

Germain v. Steam Tug Indiana

Illinois Supreme Court

Decided June 15, 1850PublishedCited by 6 opinions

On the twentieth day of October, 1849, the appellant shed out of the Cook County Court a writ of attachment against said Steam Tug Indiana; which was executed on that day. The proceeding was under the statute entitled “ Attachments of boats and vessels.”

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On the twentieth day of October, 1849, the appellant shed out of the Cook County Court a writ of attachment against said Steam Tug Indiana; which was executed on that day. The proceeding was under the statute entitled “ Attachments of boats and vessels.” At the February term following, George W. Lay interpleaded, and, by his interpleader, set up, that on the tenth day of October, 1849, and previous to suing out the attachment of appellant, attachments were issued by Henry L. Ruck-er, a justice of the peace, in and for said county, under and by virtue of the same act, in favor of divers…

1Opinion of the Court

Opinion by Treat, C. J.:

The plea presents the question, whether the sale of a vessel, under a judgment in attachment, rendered in a proceeding to enforce a lien existing on the vessel, by virtue of the provisions of the tenth chapter of the Revised Statutes, discharges all other liens that may exist against the vessel, in pursuance of the same provisions.

The first section of that chapter declares, that “ Boats and vessels of all descriptions, built, repaired or equipped, or running upon any of the navigable waters within the jurisdiction of this state, shall be liable for all debts contracted…

2Cited by6 opinions

  1. Gindele v. CorriganIllinois Supreme Court · 1889
  2. Samuel v. AgnewIllinois Supreme Court · 1875
  3. Barque Great West No. 2 v. OberndorfIllinois Supreme Court · 1870
  4. Dorr v. WaldronIllinois Supreme Court · 1871
  5. The Theodore PerryDistrict Court, E.D. Michigan · 1878

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