St. Boat Gen'l. Brady v. Buckley
Supreme Court of Missouri
Appeal from the circuit court of St. Louis county. 1st. That the cause of action sued on by the appellees, was not a lien upon the boat under the statute, acts of assembly of 1838-9 p. 12; Abbot on shipping 104, 107; 3 Kent’s Com. 132-3. 2nd.
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Appeal from the circuit court of St. Louis county. 1st. That the cause of action sued on by the appellees, was not a lien upon the boat under the statute, acts of assembly of 1838-9 p. 12; Abbot on shipping 104, 107; 3 Kent’s Com. 132-3. 2nd. That if it was a lien, yet the lien was divested by the proceedings and sale upon the justice’s judgment, 2, bac. abr. 721. 4, east 345. But two questions arise here: Is this a lien within the act ? If it be, did George Collier purchase subject to it? R. Laws p. 102. Act of February 12,1839. 5th vol. Mo. Reports, 256. 3 Kent 163, 157, 96,170. 6 Mass.…
1Opinion of the Court
Opinion of the Court by
Tompkins Judge. McGirk, Judge, not sitting.
Buckley and Randolph brought their action in the circuit court of St. Louis county against the steam boat Gen. Brady, and there had judgment. From that judgment the boat appeals.
The bill of exceptions shows this agreed case: that on the 3d day of July, 1837, Buckley and Randolph duly caused the said steam boat to be seized and levied on, so far as that could be done, under the state of the case, under the act of bth March, 1835, and the act of 12th February, 1839, supplementary thereto. Said boat then being in the hands of ■the…
2Cited by3 opinions
- Gibbons v. Steamboat Fanny BarkerSupreme Court of Missouri · 1867
- Bryan & Miltenberger v. Steam Boat "Pride of the West"Supreme Court of Missouri · 1849
- The General TompkinsUnited States Circuit Court · 1881