Benbow v. The James John
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is an action by Charles A. Benbow against the James John, a boat, the St. John Transportation Company, and the American Surety Company of New York, to enforce a mechanic’s lien upon a boat — James John —owned by defendant Transportation Company.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is an action by Charles A. Benbow against the James John, a boat, the St. John Transportation Company, and the American Surety Company of New York, to enforce a mechanic’s lien upon a boat — James John —owned by defendant Transportation Company. The case was before this court on a previous appeal and is reported in 56 Or. 554 (108 Pac. 634). The issues are fully stated in the former opinion and need no further statement except as to matters arising upon amendments to the pleadings since the case was remanded.…
1Opinion of the CourtJustice McBride
It is claimed that the complaint does not state facts sufficient to constitute a cause of action and does not show jurisdiction of the State court to hear this cause, because it appears from the complaint that the labor was performed by way of repairs upon a boat theretofore existing and navigating the waters of the Willamette River, and that therefore the lien was maritime in its nature and could not be enforced in the State court.
1. Conceding, without deciding, that defendants could raise the question, after having appeared and given an undertaking for the release of the boat, and after…
2Cases cited14 opinions
- People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Dilworth v. CurtsIllinois Supreme Court · 1891
- Smyth v. NeffIllinois Supreme Court · 1888
- Smith v. City of SeattleWashington Supreme Court · 1899
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3Cited by5 opinions
- Wallace v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1922
- Smith v. BaduraOregon Supreme Court · 1914
- Boord v. KaylorOregon Supreme Court · 1925
- Seaweard v. First Nat. BankOregon Supreme Court · 1917
- Jones v. JonesCourt of Appeals of Oregon · 2007