Hogue v. The City of Frankfort
District Court, D. Oregon
This was a libel by II. A. Hogue and Henry Young against the Gity of Frankfort to enforce a maritime lien. The claimant, C. H. Chase, moved to dismiss the libel.
1Opinion of the Court
BELLINGER, District Judge.
This is a motion to dismiss the libel filed to enforce a maritime lien, based upon the petition, of O. H. Chase, claimant, who alleges that he is the assignee of the vessel proceeded against under an assignment made prior to the libel, by the owner for the benefit of creditors. It is contended in support of the motion that property in the possession of an assignee, under the insolvent act of this state, providing for such assignments, is in legal custody, and is not liable to be proceeded against in admiralty-
In the late case of The James Roy, 59 Fed. 784, it is…
2Cases cited1 opinion
- Hyland v. The James RoyDistrict Court, S.D. New York · 1894
3Cited by1 opinion
- Swofford Bros. Dry-Goods Co. v. MillsU.S. Circuit Court for the District of Wyoming · 1898