Weston v. Morse
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Wwnebago County. On tbe 18tb of March, 1874, tbe defendant Morse and one "Wilson sold a steamboat, “ Tbe Diamond,” to tbe defendant McCall, talcing as security for part of tbe purchase money, a chattel mortgage for $5,093, which was duly filed with tbe town cleric of Omro in this state, tbe residence of McCall.
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APPEAL from tbe Circuit Court for Wwnebago County. On tbe 18tb of March, 1874, tbe defendant Morse and one "Wilson sold a steamboat, “ Tbe Diamond,” to tbe defendant McCall, talcing as security for part of tbe purchase money, a chattel mortgage for $5,093, which was duly filed with tbe town cleric of Omro in this state, tbe residence of McCall. The vessel was delivered to McCall, and was used exclusively in navigating tbe Fox and Wolf rivers, between Oshlcosh, Winneconne and Berlin in this state. It was conceded that tbe vessel is of more than twenty tons burden; that it was never registered…
1Opinion of the CourtRyan, C. J.
It is too late, while the supreme court of the United States abides by its present rule of decision, to question the authority of state law to give certain maritime liens on domestic ships in home ports. It is also too late to doubt the exclusive jurisdiction of federal courts to enforce such liens m rem. The Moses Taylor, 4 Wall., 411; The Belfast, 7 id., 624; The Eagle, 8 id., 15; The Lottawanna, 21 id., 558. How the exclusive jurisdiction of the federal courts to administer, is reconcilable with the authority of state law to *460create maritime liens, is a question witli which state courts…
2Cases cited3 opinions
- The Moses TaylorSupreme Court of the United States · 1867
- The Hine v. TrevorSupreme Court of the United States · 1867
- Campbell v. ShermanWisconsin Supreme Court · 1874
3Cited by10 opinions
- Mygatt v. KnappDistrict Court, E.D. Wisconsin · 1889
- Cordrey v. SteamshipOregon Supreme Court · 1922
- McDonald v. NimbusMassachusetts Supreme Judicial Court · 1884
- Atlantic Works v. Tug GlideMassachusetts Supreme Judicial Court · 1893
- Globe Iron Works Co. v. The Steamer "John B. Ketcham, 2nd"Michigan Supreme Court · 1894
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