Reynolds v. Nielson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KiewaN, Circuit Judge. Action for partition of a vessel licensed and registered under tbe navigation laws of tbe United States, and used upon tbe waters of Labe Michigan. Plaintiff and defendant owned the vessel in unequal shares, tbe former being tbe owner of one-third and tbe latter of two-thirds.
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Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KiewaN, Circuit Judge. Action for partition of a vessel licensed and registered under tbe navigation laws of tbe United States, and used upon tbe waters of Labe Michigan. Plaintiff and defendant owned the vessel in unequal shares, tbe former being tbe owner of one-third and tbe latter of two-thirds. Defendant pleaded, among other things, want of jurisdiction of tbe subject of tbe action in that tbe rights of tbe parties were cognizable only in tbe federal court under its admiralty and maritime jurisdiction. Tbe…
1Opinion of the Court
Majíshall, J.
The judgment is wrong and must be reversed. A vessel is personal property and the rights of the owners therein are proper subjects for consideration in the state courts in cases where the jurisdiction of the federal court in the exercise of its admiralty and maritime powers is not exclusive. When a subject is within admiralty and maritime jurisdiction, such jurisdiction is not necessarily exclusive, as is plainly indicated by the federal law. Sec. 563, E. S. of U. S. It provides that district courts have exclusive jurisdiction of all civil causes of admiralty and maritime…
2Cases cited7 opinions
- The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837
- Conover v. EarlSupreme Court of Iowa · 1868
- Warehouse & Builders Supply Co. v. GalvinWisconsin Supreme Court · 1897
- Fobes v. ShattuckNew York Supreme Court · 1854
- Swain v. KnappSupreme Court of Minnesota · 1884
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3Cited by7 opinions
- Madruga v. Superior Court of Cal., County of San DiegoSupreme Court of the United States · 1954
- Cline v. PriceWashington Supreme Court · 1951
- Fischer v. CareyCalifornia Supreme Court · 1916
- Laing v. WilliamsWisconsin Supreme Court · 1908
- John Meunier Gun Co. v. Lehigh Valley Transportation Co.Wisconsin Supreme Court · 1904
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