Northwestern Commercial Co. v. Bartels
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the District of Washington. On April 5, 1902, the appellee filed his libel against the schooner Lilly L. to subject her to his claim of lien for services performed in Grantly Harbor in the summer of 1901, at the request of the managing owner thereof, in getting said vessel off the beach and afloat, and for services rendered as master and navigator in bringing her from Port Grantly to Seattle in…
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Appeal from the District Court of the United States for the Northern Division of the District of Washington. On April 5, 1902, the appellee filed his libel against the schooner Lilly L. to subject her to his claim of lien for services performed in Grantly Harbor in the summer of 1901, at the request of the managing owner thereof, in getting said vessel off the beach and afloat, and for services rendered as master and navigator in bringing her from Port Grantly to Seattle in the fall of that year, all of which services were claimed to have been rendered under an oral agreement with said…
1Opinion of the CourtGilbert, Circuit Judge
The contention that the proceedings in the state court and the sale thereunder bar the present suit presents a question that has not been directly met by any decision of the Supreme Court. It is undoubtedly true that the fact that a libelant has already brought suit in a state court for the same claim is no bar to a subsequent proceeding in admiralty. The Highlander, 1 Sprague, 510, Fed. Cas. No. 6,476; The Kalorama, *2810 Wall. 218, 19 L. Ed. 941. But it would seem that, if the proceedings in the state court have proceeded so far that a sale has been had upon its judgment, it would operate as a…
2Cases cited8 opinions
- Moran v. SturgesSupreme Court of the United States · 1894
- Braun v. SauerweinSupreme Court of the United States · 1870
- The ResoluteSupreme Court of the United States · 1897
- The KaluramaSupreme Court of the United States · 1870
- Farnham v. The SeminoleDistrict Court, E.D. New York · 1890
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3Cited by1 opinion
- Villegas v. Ford Motor CompanyDistrict Court, E.D. California · 2023