Livingston v. Steam-Boat Tallapoosa
Supreme Court of Alabama
Error to the County court of Mobile, exercising admiralty jurisdiction. Libel of a steam-boat, for provisions and stores furnished.
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Error to the County court of Mobile, exercising admiralty jurisdiction. Libel of a steam-boat, for provisions and stores furnished. The defendant in error filed his libel in the County court of Mobile, against the steam-boat Tallapoosa, for provisions and. stores furnished the boat, at the request of the master of said boat, and the boat was attached and seized by the sheriff to answer the libel, and the parties who prosecuted this writ of error, were the individuals to whom the steam-boat was delivered, after its seizure under the attachment. They entered into the usual statutory bond,…
1Opinion of the CourtGoldthwaite, J.
If the principles of the common ' law, were to be applied to the determination of this case, it is clear, that the plaintiffs in this court, ought not to be permitted to question the validity of any judgment of condemnation rendered against the steam-boat, either in the case of default or otherwise.
*113In the case of Stebbins vs. Fitch, (1 Stewart, 186,) it was determined, that a garnishee would not be allowed to question the regularity of the judgment against the defendant in attachment, as whose debtor he was summoned ; and in Thompson vs. Allen, (4 Stew. & Por.184,) the same doctrine was…
2Cases cited4 opinions
- Richardson v. Cleaveland & HugginsSupreme Court of Alabama · 1837
- McLellan v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
- The HollenU.S. Circuit Court for the District of Massachusetts · 1818
- Swift v. HillSupreme Court of Alabama · 1835
3Cited by4 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Bierne v. The Steam Boat TriumphSupreme Court of Alabama · 1841
- Witherspoon v. WallisSupreme Court of Alabama · 1841
- Bell v. ThomasSupreme Court of Alabama · 1845