Legal Opinion

The Evansville

District Court, S.D. Texas

Decided October 24, 1935No. 356Published

1Opinion of the Court

KENNERLY, District Judge.

This is a proceeding in rem by libel-ant against the steamship Evansville to recover wages; libelant having been master of such steamship. Under Alabama Dry Dock & Shipbuilding Co. v. Foster (C.C.A.) 31 F.(2d) 394, Foster v. Alabama Dry Dock & Shipbuilding Co., 280 U.S. 555, 50 S.Ct. 16, 74 L.Ed. 611, and Warner v. Goltra, 293 U.S. 155, 55 S.Ct. 46, 79 L.Ed. 254, I think a master has no maritime lien for wages. It is not shown in this case that libelant has a lien under the laws of Texas.

Since libelant has no lien, this proceeding in rem may not be maintained, and it…

2Cases cited2 opinions

  1. Warner v. GoltraSupreme Court of the United States · 1934
  2. Alabama Dry Dock & Shipbuilding Co. v. FosterCourt of Appeals for the Fifth Circuit · 1929

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