Marshall & Kilpatrick v. Curtis
Court of Appeals of Kentucky
CASE 62 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. CITED— 8 B. Mon., 87, 88; Dudley vs. Price. 1 Parsons on Contracts, 3d cdn., 320, 321, and note e. Judiciary Act of Congress of 1789, sec. 9. 4 Wheaton, 438; The General Smith. 2 Gallison, 398, 401. 2 Parsons on Maritime Law, 511. 11 Peters, 184; The Orleans. 12th Rule of Admiralty. 21 Howard, change of 12th Rule of Admiralty. 1 Black, 526; Steamer St. Lawrence.
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CASE 62 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. CITED— 8 B. Mon., 87, 88; Dudley vs. Price. 1 Parsons on Contracts, 3d cdn., 320, 321, and note e. Judiciary Act of Congress of 1789, sec. 9. 4 Wheaton, 438; The General Smith. 2 Gallison, 398, 401. 2 Parsons on Maritime Law, 511. 11 Peters, 184; The Orleans. 12th Rule of Admiralty. 21 Howard, change of 12th Rule of Admiralty. 1 Black, 526; Steamer St. Lawrence. Abbott on Shipping, 162, 163. Benedict's Admiralty, secs. 31, 32. CITED— Civil Code, secs. 264, 268, 762, 46, 118. See. 9, Judiciary Act of Congress of 1787, 1 Brightly.…
1Opinion of the CourtChief Justice Williams
JUDGE HARDIN did not concur:
Appellees, as material men, mechanics, &c., by proceeding in rem against the “ steamboat Magnolia and her owners,” attached her at Louisville, Kentucky, averring that she was then in that- port, advertised for the port of New Orleans, Louisiana, and that she would soon be taken beyond the jurisdiction of the court and out of this State; also, that they had furnished said boat, and done work upon her; that they and the owners were residents of St. Louis, Missouri, and that, by the laws of the latter State, they had a lien upon the boat, her tackle and furniture.
Neith…
2Cases cited2 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Steamboat Hyatt v. ReitzCourt of Appeals of Kentucky · 1868
3Cited by5 opinions
- Rounds v. Cloverport Foundry & Machine Co.Court of Appeals of Kentucky · 1914
- Atlantic Works v. Tug GlideMassachusetts Supreme Judicial Court · 1893
- Digby v. Kenton Iron Co.Court of Appeals of Kentucky · 1871
- Frankfort Elevator Coal Co. v. PrewettCourt of Appeals of Kentucky (pre-1976) · 1926
- Portland Butchering Co. v. The WillapaOregon Supreme Court · 1893