Legal Opinion

The Celestine

District Court, D. Wisconsin

Decided September 15, 1851Published

In admiralty. This vessel was attached by the marshal, in pursuance of process issued from this court, upon the libel herein filed, praying a condemnation and sale, to satisfy the demand of this libellant, for materials furnished and work done, in necessary repairs at the port of Racine within this district.

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In admiralty. This vessel was attached by the marshal, in pursuance of process issued from this court, upon the libel herein filed, praying a condemnation and sale, to satisfy the demand of this libellant, for materials furnished and work done, in necessary repairs at the port of Racine within this district. The sheriff of Racine county, without submitting himself to the jurisdiction of this court, filed his petition in the form of an answer, setting forth, that previous to the service of the process in this case by the marshal, he had attached and reduced into his possession this vessel, by…

1Opinion of the Court

MILLER, District Judge.

The question, whether the law of this state, for the collection of demands against boats and vessels, confers a lien for the debts or demands therein specified, is here properly presented to this court. A similar question has been mooted in this court, and in the courts of other districts, in regard to this law, and similar laws of other states. In the states of New York, Pennsylvania and Maine, local laws exist, creating a lien in favor of material-men and mechanics, upon domestic vessels. In the statutes of New York and Maine the lien is expressly conferred; by the…

2Cases cited3 opinions

  1. Morris v. De WittNew York Supreme Court · 1830
  2. Lowry v. HallSupreme Court of Pennsylvania · 1841
  3. Ballard v. WiltshireIndiana Supreme Court · 1867

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