Atlantic Works v. Glide
Massachusetts Supreme Judicial Court
Petition, under Pub. Sts. c. 192, § 17, to enforce a lien given by § 14 of that chapter for repairs furnished to a tug-boat in her home port. At the trial in the Superior Court, before Bond, J., it appeared that the tug Glide was a vessel owned in Boston, and engaged in towing vessels in and out of the harbor of Boston to the neighboring ports.
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Petition, under Pub. Sts. c. 192, § 17, to enforce a lien given by § 14 of that chapter for repairs furnished to a tug-boat in her home port. At the trial in the Superior Court, before Bond, J., it appeared that the tug Glide was a vessel owned in Boston, and engaged in towing vessels in and out of the harbor of Boston to the neighboring ports. The lien claimed under the statute was for labor and materials furnished in repairing the vessel by the petitioners at her home port. The respondents asked the judge to rule that, inasmuch as this was an action in rem against the tug Glide, the…
1Opinion of the CourtHolmes, J.
This exception is disposed of by our former judgment in the same cause. 157 Mass. 525. The later decision by the Supreme Court of the United States in The J. E. Rumbell, 148 U. S. 1, contains some expressions contrary to our conclusion, but, as the point adjudicated is consistent with it, we fee] compelled to adhere to our opinion. Exceptions overruled.
2Cases cited2 opinions
- The J. E. RumbellSupreme Court of the United States · 1893
- Atlantic Works v. Tug GlideMassachusetts Supreme Judicial Court · 1893
3Cited by1 opinion
- The IrisCourt of Appeals for the First Circuit · 1900