Cape Fear Steamboat Co. v. Torrent
Supreme Court of Georgia
Steamboat lien. Affidavit. Demand. Amendment. Before Judge Schley. Chatham Superior Court. January Term, 1872. A rule nisi was issued by the Superior Court of Chatham county calling on the sheriff to show cause why certain exetious which had been lodged in his hands by Joseph F. Torrent and others had not been satisfied out of the funds arising from the sale of the steamboat Governor Worth.
Read the full summary
Steamboat lien. Affidavit. Demand. Amendment. Before Judge Schley. Chatham Superior Court. January Term, 1872. A rule nisi was issued by the Superior Court of Chatham county calling on the sheriff to show cause why certain exetious which had been lodged in his hands by Joseph F. Torrent and others had not been satisfied out of the funds arising from the sale of the steamboat Governor Worth. In answer to said rule, the said sheriff showed for cause that the said steamboat had been sold under foreclosure of mortgage, at the instance of the Cape Fear Steamboat Company, and that the sale did not…
1Opinion of the Court
Montgomery, Judge.
1. It is only by considering the proceedings against steamboats under section 1969 of the Code, as proceedings in personam, and not strictly proceedings in rem, that the jurisdiction of the State Courts can be maintained for the enforcement of the liens provided for by the preceding section: 40 Qa., 177. If proceedings in personam, necessarily the judgment must be against the person of the debtor. Under the Act of 1870, amendatory of the 1969th section of the Code, the affidavit is the judgment. It follows that the affidavit must set out the names of the owners or lessees,…
2Cited by4 opinions
- Cumming v. WrightSupreme Court of Georgia · 1884
- Simpson v. JonesSupreme Court of Georgia · 1936
- Hall v. Jeffreys-McElreath Co.Court of Appeals of Georgia · 1927
- Bryant v. MercierSupreme Court of Georgia · 1889