Knapp, Stout & Co. v. McCaffrey
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. This was a bill in equity filed in the Circuit Court for the county of Mercer, Illinois, by the defendant in error, John Mc-Caffrey, against the Knapp, Stout & Co. Company, (hereinafter called the Knapp Company,) and the Schulenburg & Boeckler Lumber Company, (hereinafter called the Schulenburg Company,) and its assignees, to enforce a lien for towage upon a half raft of lumber then lying at Boston Bay, in Mercer County.
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ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. This was a bill in equity filed in the Circuit Court for the county of Mercer, Illinois, by the defendant in error, John Mc-Caffrey, against the Knapp, Stout & Co. Company, (hereinafter called the Knapp Company,) and the Schulenburg & Boeckler Lumber Company, (hereinafter called the Schulenburg Company,) and its assignees, to enforce a lien for towage upon a half raft of lumber then lying at Boston Bay, in Mercer County. The suit arose from a contract made April 6, 1893, by Mc-Caffrey with the Schulenburg Company, in which, after reciting…
1Opinion of the CourtJustice Brown
Defendants set up in their answers and insisted, both before the appellate court and the Supreme Court of Illinois, that, if plaintiff had any lien upon the raft at all for his towage services, it was a maritime lien, enforceable only in the District Court of the United States as a court of admiralty. This is the only Federal question presented in the case.
By article three, section two, of the Constitution, the judicial power of the general government is declared to extend to “ all cases of maritime and admiralty jurisdiction;” and, by section nine of the original judiciary act of September…
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