Legal Opinion

The Richard Busteed

District Court, D. Massachusetts

Decided October 15, 1858PublishedCited by 1 opinion

This was a suit in rem, to enforce a lien given by a statute of Massachusetts. The claim was for labor performed in the construction of a sea-going ship, of above'six hundred tons burden, built at Quincy.

1Opinion of the Court

SPRAGUE, District Judge.

Suits like the present have been so often sustained, in this and other admiralty courts in the United States, that I should have exercised jurisdiction, without remark, were it not for the recent case of The Jefferson (People’s Ferry Co. v. Beers, 20 How. [61 U. S.] 393). That case has been considered by a learned admiralty judge, — The Coernine [Case No. 2,914], — and I have reason to think, by the bar generally, as clearly indicating that the supremo court will not. hereafter, sanction the taking of jurisdiction by the district courts, of any claims by material men,…

2Cases cited1 opinion

  1. Tyler v. CurrierMassachusetts Supreme Judicial Court · 1857

3Cited by1 opinion

  1. Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868

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