Strother v. The Steamboat Hamburg
Supreme Court of Iowa
Appeal from Clinton District Court. This action was brought to recover for supplies furnished to, and to enforce a lien against, the defendant therefor. The supplies were furnished by Games & Co., and the claim therefor, by them assigned to plaintiff. As will be seen by -the opinion, the only question in the case is, whether the assignee of the account has a right to such lien. The court below held that he had, and defendant appeals.
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Appeal from Clinton District Court. This action was brought to recover for supplies furnished to, and to enforce a lien against, the defendant therefor. The supplies were furnished by Games & Co., and the claim therefor, by them assigned to plaintiff. As will be seen by -the opinion, the only question in the case is, whether the assignee of the account has a right to such lien. The court below held that he had, and defendant appeals. I. This action was not brought to enforce a common law right, for proceedings against personal property in rem is not known to the common law. The word lien, at…
1Opinion of the CourtBaldwin, J.
The statute provides that any boat found in the waters of this State, is liable for debts contracted on account of supplies furnished for its use; that such claims are liens upon the boat, its apparel, &c.; that such actions must be brought within one year from the time the cause' thereof accrued; that the lien attaches from the commence*61ment of the suit; that the petition must be in writing, sworn to and filed; that thereupon the clerk or justice shall issue a warrant to the proper ofiicer, commanding him to seize, &c. Code, chapter 120, sections 2116,17,19 and 21.
This has been regarded as á…
2Cases cited2 opinions
- Ham v. Steamboat HamburgSupreme Court of Iowa · 1856
- Scott v. WardSupreme Court of Iowa · 1853
3Cited by3 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Farwell v. GrierSupreme Court of Iowa · 1874
- Pitts v. Exchange National BankSupreme Court of Kansas · 1925