Meiggs v. Scannell
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action to recover from Scannell, sheriff of the County of San Francisco, a certain bark Madonna.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action to recover from Scannell, sheriff of the County of San Francisco, a certain bark Madonna. The testimony shows, that one Conway had instituted suit against the Madonna, to recover damages resulting to his vessel from a collision with the former; that the suit was not commenced by attachment, nor had any attachment issued; that pending this suit, the plaintiffs purchased her, and went into possession; that after the sale to plaintiffs, Conway recovered judgment for the sum of one…
1Opinion of the CourtMurray, C. J.
This was an action of replevin for the bark Madonna.
The only question involved, appears to be, whether, in a suit against a vessel for any of the causes set out in the statute, it is necessary to attach her, so as to acquire a lien against subsequent purchasers.
The learned counsel for the respondent contends, that the statute of this State, authorizing suits to be commenced against boats and vessels, does not create a new right, but provides a" remedy; that no lien is given by the statute, except the plaintiff attaches the vessel, as directed by the three hundred and twenty-first section of…
2Cases cited1 opinion
- Averill v. The Steamer HartfordCalifornia Supreme Court · 1852