Woodall v. Dempsey

McPHERSON, District Judge.

One aspect of the controversy concerning the libelants’ bill for repairs has already been heard by this court and by the circuit court of appeals, namely, whether, under the facts in proof, a maritime lien existed enforceable against the vessel. The Havana (C. C.) 87 Fed. 487; Id., 35 C. C. A. 148, 92 Fed. 1007. This question having been answered in the negative, the present action in personam is brought to charge the owners individually. For present purposes it may be assumed that the facts found by the court in the previous suit are still open to controversy. The…