Legal Opinion

The N. W. Thomas

U.S. Circuit Court for the District of Southern Ohio

Decided October 15, 1857Published

fAppeal from the district court of the United States for the Southern district of Ohio.] The libel was filed in 1854 on a claim for services performed on the above boat.

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fAppeal from the district court of the United States for the Southern district of Ohio.] The libel was filed in 1854 on a claim for services performed on the above boat. The respondents in their answer say, that after the date of the alleged claim of the libel-lants, the steamboat N. W. Thomas was seized on a warrant issued from the court of common pleas of Hamilton county, under a statute of the state, at the instance of material men. and on the 16th of February, 1854. sold by the sheriff to the claimants who claim to hold it free from all prior liens. Tlie district court overruled this…

1Opinion of the Court

McLEAN, Circuit Justice.

The constitution of the United States declares that the judicial power shall extend “to all cases of admiralty and maritime jurisdiction.” and the judiciary act of 1789 provides that the district courts shall have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, “saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it.” 1 Stat. 70.

The supreme court of the United States has decided that the admiralty jurisdiction extends over all navigable waters of the United States, where…

2Cases cited1 opinion

  1. Wight v. MaxwellMichigan Supreme Court · 1855

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