Witherspoon v. Wallis
Supreme Court of Alabama
Writ of error to. the Circuit Court of Lauderdale County. This suit was commenced in the County Co'urt, and is a proceeding under the act of 1836, [Digest 604,] to subject a steamboat to the payment of a demand alledged to constitute a lien. The libel is unnecessary to be stated, as it is not included in • the decision of the Court. The steamboat was released from seizure on the stipulation of the defendants in error.
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Writ of error to. the Circuit Court of Lauderdale County. This suit was commenced in the County Co'urt, and is a proceeding under the act of 1836, [Digest 604,] to subject a steamboat to the payment of a demand alledged to constitute a lien. The libel is unnecessary to be stated, as it is not included in • the decision of the Court. The steamboat was released from seizure on the stipulation of the defendants in error. This stipulation is conditioned to pay to the plaintiff in error such judgment as should be rendered on'the said (rial. At the return term of ibe process, the County Court…
1Opinion of the CourtGoldth Waite, J.
1. The defendants in error were not in a condition to dispute the correctness of the judgment of condemnation. They have no other connexion with the suit than as stipulators to pay such judgment as should be rendered on the libel: It is true, that the stipulation assumes that they are the owners of the steamboat seized; but before they could be permitted to litigate the suit with the libellant, it was necessary for them to interpose a claim. The mode by which the parties defendants are made to such a suit as this, is very fully examined in Reed v. Owen, 9 Porter 180. And in Livingston v. The…
2Cases cited2 opinions
- Livingston v. Steam-Boat TallapoosaSupreme Court of Alabama · 1839
- Read v. OwenSupreme Court of Alabama · 1839
3Cited by3 opinions
- Clarke v. WestSupreme Court of Alabama · 1843
- Bell v. ThomasSupreme Court of Alabama · 1845
- Monroe v. BradySupreme Court of Alabama · 1844