Rounds v. Cloverport Foundry & MacHine Co.

Citations

• 237 U.S. 303
• 35 S. Ct. 596
• 59 L. Ed. 966
• 1915 U.S. LEXIS 1337

Syllabus

<p>In an action in personam the state court has jurisdiction to issue an auxiliary attachment against the vessel whether or not the contract be of a maritime nature.</p> <p>While a proceeding in rem, as one essentially against the vessel itself, is within the exclusive jurisdiction of the admiralty, an action in personam with concurrent remedy of attachment to secure payment of a personal judgment is within the jurisdiction of the state court even though such attachment^ if auxiliary to the remedy in personam, runs specifically against the vessel under a state statute providing for a lien.</p> <p>A specific attachment in a suit against the owners of a vessel for repairs made thereto, under the lien provisions of §§ 2480-2486, Kentucky statutes, held to be an auxiliary lien attachment in a suit in personam to protect the judgment and not a proceeding in rem and the case was, therefore, within the jurisdiction of the st,ate court.</p>