Moynihan v. Drobaz

Citations

• 124 Cal. 212
• 56 P. 1026
• 1899 Cal. LEXIS 971

Syllabus

<p>Ownership op Vessel—Evidence—Registry.—The entry of ownership in the custom-house hooks of the register or transfer of a vessel is not even prima facie evidence of ownership against one not claiming to he an owner therein, unless such entry is shown to have been made by his authority.</p> <p>In.—Libel in Admiralty—Adjudication op Ownership.—A libel of a vessel in admiralty, where the proceeding is in rem, is only a conclusive adjudication of ownership as against persons actually Interested in the vessel; and no one can be adjudged to be a part owner of the vessel who has not appeared and asserted ownership or other interest therein. A copy of the decree in such a proceeding is not admissible to prove part ownership in a person not so appearing.</p> <p>Id.—Ownership by Corporation—Enforcement op Lien by Partnership—Admission op Pleadings—Evidence—Findings.—In an action by a partnership firm to enforce a lien upon a vessel alleged to be owned by a corporation defendant, if the answer does not deny the alleged partnership of the plaintiffs, or the corporate existence of the alleged corporation, evidence that one of the partners paid, individually, for one share in the corporation, does not tend to show that the other partner or the partnership firm was a part owner or in any manner interested in the vessel; and a finding that the corporation had no corporate existence, being against the admission of the pleadings, and outside of any issue, must be disregarded.</p> <p>Attachment op Vessel—Stipulation—Sufficiency op Undertaking— Erroneous Findings.—Where it was stipulated that at the commencement of the action to enforce a lien upon the steamer, for a balance due to the plaintiffs, the vessel was attached under the provisions of^the Code of Civil Procedure, in reference to actions against steamers, vessels, and boats, and was released upon a bond given by the defendants as therein required, a finding in regard to the insufficiency of the undertaking, which is outside