Logemann v. The Westover
District Court, E.D. Wisconsin
: This is a libel in rem for a boiler and other repairs furnished at ■the home port of the steamer, and heard upon exceptions filed by the claimant. The grounds of exception are insufficiency of facts stated to constitute a lien or confer Jurisdiction.
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: This is a libel in rem for a boiler and other repairs furnished at ■the home port of the steamer, and heard upon exceptions filed by the claimant. The grounds of exception are insufficiency of facts stated to constitute a lien or confer Jurisdiction. The substance of the allegations in question is as follows: The steamer Westover is a vessel of over 10 tons burden, “duly licensed and enrolled, and employed in the business of commerce and navigation upon the lakes and navigable waters of the United States,” and lying at and “hailing from the port of Milwaukee,” in this district. The…
1Opinion of the CourtSeaman, District Judge
(after stating the facts as above). The facts stated in this libel, would clearly present a case for personal recovery against the owner at common law. Whether they are sufficient — aside from technical objections which may be cured by amendment — to sustain a libel in rem is a question of considerable interest, and in some of its features not directly met by any of the authorities which have come to my attention. It relates solely to the existence of a lien attaching to the res or vessel itself, and; not to the interest of any particular owners. It is also squarely raised between «the…
2Cases cited15 opinions
- The LottawannaSupreme Court of the United States · 1875
- The J. E. RumbellSupreme Court of the United States · 1893
- The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
- The KaluramaSupreme Court of the United States · 1870
- Pittman v. The Samuel MarshallCourt of Appeals for the Sixth Circuit · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rupert CityDistrict Court, W.D. Washington · 1914
- Alaska & P. S. S. Co. v. C. W. Chamberlain & Co.Court of Appeals for the Ninth Circuit · 1902
- The William P. DonnellyDistrict Court, W.D. New York · 1907
- Mack S. S. Co. v. ThompsonCourt of Appeals for the Sixth Circuit · 1910
- The AuroraDistrict Court, W.D. Wisconsin · 1912