Dorr v. Waldron

Citations

• 62 Ill. 221

Syllabus

<p>1. Boats and vessels—statutory lien—release. The lien given on boats and vessels for supplies, etc., is not created by the levy of an attachment writ, but by statute, and the levy is but a means furnished to enforce the lien. Therefore, where a tug boat was discharged from attachment by order of the court „ on the execution of a bond by the owners as allowed by the statute, and the attachment suit under which the levy was made, was dismissed by the plaintiff, it was held, that the statutory lien was not thereby released, and a pleaiin a second suit by attachment, of the discharge of the vessel by the giving of bond in the prior suit, was adjudged bad on demurrer.</p> <p>2. Conflict of laws—jurisdiction, of State and Federal courts. The jurisdiction of the United States District Courts on the lakes and navigable waters connecting the same, is governed by the act of Congress of February 3,1845, and is not exclusive, but is concurrent with such remedies as may be given by State laws.</p> <p>3. A maritime lien does not arise on a contract for materials and supplies furnished to a vessel in her home port; and in respect to such contracts, it is competent for the State legislatures to create such liens as they may deem just and expedient, not amounting to a regulation of commerce, and to enact reasonable rules and regulations for their enforcement.</p> <p>4. The proceedings by attachment given by the statutes of this State against boats and vessels to enforce liens for supplies, etc., have no resemblance to libels in the courts of admiralty, but are of the same character as ordinary suits by attachment, requiring notice to be given of the pendency of the suit, and by them no prior liens are interfered with. They are not proceedings in admiralty such as the district courts of the United States are invested with exclusive jurisdiction over by law.</p> <p>5. JubisdjctioTS—objection, to not made in court below. On appeal from the judgment of the Superior Court of Chicago r