Bird v. Steamboat Josephine
New York Supreme Court
APPEAL from an order made at Chambers, by Justice G-eorge G-. Barnard. The respective parties consented that the appeal should be heard upon the following statement of facts: On the 10th day of December, 1866, Freeman B. Bird and Freeman B. Bird, Jr. the attaching creditors in the above entitled proceeding,' filed specifications of lien agains.t the steamboat Josephine, her tackle, &c. pursuant to the provisions of the act of the legislature of the state of Hew York,…
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APPEAL from an order made at Chambers, by Justice G-eorge G-. Barnard. The respective parties consented that the appeal should be heard upon the following statement of facts: On the 10th day of December, 1866, Freeman B. Bird and Freeman B. Bird, Jr. the attaching creditors in the above entitled proceeding,' filed specifications of lien agains.t the steamboat Josephine, her tackle, &c. pursuant to the provisions of the act of the legislature of the state of Hew York, entitled' “ an act to provide for the collection of demands against ships and vessels,” passed April 24, 1862, for supplies…
1Opinion of the Court
By the Court,
Sutherland, J.
We held preliminarily^ on the hearing, that the order appealed from on the warrant of attachment must be deemed to have been made by the court, or by the justice who made it, sitting or acting as a judge of the court, and not in the exercise of any ministerial power given by the.statute under which the warrant was issued, and, therefore, that the order was appealable. It must be assumed, I think, on the appeal papers, that the claims of the attaching creditors, were for supplies furnished to the steamboat while in the port of Sew York ; that she was a domestic…
2Cases cited1 opinion
- Charles Belcher & Co. v. LawrasonSupreme Court of the United States · 1859
3Cited by1 opinion
- Sheppard v. SteeleNew York Supreme Court · 1869