McMorran v. Millinokett
Michigan Supreme Court
Appeal from St. Clair; Tappan, J. Bill by Henry McMorran to enforce a lien under the water-craft law against the steamer Millinokett. From a decree for defendant, complainant appeals. The complainant seeks by this proceeding to enforce the lien given by statute (section 10789, 3 Comp. Laws; section 13625, 5 How. Stat. [2d Ed.] ; 3 Comp. Laws 1915, § 14892), the so-called water-craft act.
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Appeal from St. Clair; Tappan, J. Bill by Henry McMorran to enforce a lien under the water-craft law against the steamer Millinokett. From a decree for defendant, complainant appeals. The complainant seeks by this proceeding to enforce the lien given by statute (section 10789, 3 Comp. Laws; section 13625, 5 How. Stat. [2d Ed.] ; 3 Comp. Laws 1915, § 14892), the so-called water-craft act. The defendant ship, on December 3, 1913, anchored in the St. Clair river opposite the complainant’s property, and made a line fast to his dock. The complainant protested to the "captain against his lying…
1Opinion of the CourtPerson, J.
(after stating the facts). Whether or not the complainant succeeded in showing such damages as would have entitled him to compensation in a proper proceeding, in our opinion, under the facts in this case, the court below had no jurisdiction of the matter. Though the complainant claims that the ship ceased navigation on December 3d, laid up for the winter opposite his premises, and became subject to a lien for wharfage under the statute, the facts clearly show that she did not actually go into winter quarters until after she had discharged her cargo on January 10th. Until then she awaited her…
2Cases cited9 opinions
- Leathers v. BlessingSupreme Court of the United States · 1882
- The Murphy TugsDistrict Court, E.D. Michigan · 1886
- The PulaskiDistrict Court, E.D. Michigan · 1888
- Dennett v. The MainCourt of Appeals for the Fifth Circuit · 1892
- Brig "City of Erie" v. CanfieldMichigan Supreme Court · 1873
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3Cited by1 opinion
- D.V. & A., Inc. v. Town of Golden BeachDistrict Court of Appeal of Florida · 1986