Merriman v. Currier
Massachusetts Supreme Judicial Court
Petition under Pub. Sts. c. 192, § 17, to enforce a lien upon a schooner called the Adelaide Barbour for labor and materials alleged to have been furnished in her construction, inserted in a common law writ dated August 31, 1901, returnable on the first Monday of October in that year. In the Superior Court the service of process was as stated in the opinion. The respondent Carrier appeared generally and filed an answer.
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Petition under Pub. Sts. c. 192, § 17, to enforce a lien upon a schooner called the Adelaide Barbour for labor and materials alleged to have been furnished in her construction, inserted in a common law writ dated August 31, 1901, returnable on the first Monday of October in that year. In the Superior Court the service of process was as stated in the opinion. The respondent Carrier appeared generally and filed an answer. The respondent Tilton entered a special appearance and filed a- motion to dismiss. The special precept mentioned in the opinion was authorized by the court and was served as…
1Opinion of the CourtKnowlton, C. J.
This case is before us on four bills of exceptions, and on appeals from orders overruling motions to dismiss and pleas in abatement. The suit was brought under the Pub. Sts. c. 192, §§ 14-17, now R. L. c. 198, §§ 14-17, to enforce a lien for materials furnished in the construction of a schooner at Newbury port. A suit of this kind is a proceeding in rein, in which the jurisdiction of the court to enter a judgment depends upon jurisdiction of the property, and the only judgment that can be entered is one against the property, to be enforced by an order of sale. The character of the proceeding…
2Cases cited9 opinions
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
- The GlideSupreme Court of the United States · 1897
- Allin v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1890
- Young v. OrpheusMassachusetts Supreme Judicial Court · 1875
- Kimball v. SweetMassachusetts Supreme Judicial Court · 1897
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3Cited by4 opinions
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Hey v. PrimeMassachusetts Supreme Judicial Court · 1908
- A. J. Wolfe Co. v. Baltimore Contractors, Inc.Massachusetts Supreme Judicial Court · 1969
- Britton v. GoodmanMassachusetts Supreme Judicial Court · 1920