Tug Montauk v. William H. Walker & Co.

Citations

• 47 Ill. 335

Syllabus

<p>1. Conflict op laws—jurisdiction in proceedings in rem against boats and vessels. Contracts with boats and vessels, strictly relating to the purely internal commerce of a State, are not subjects of admiralty jurisdiction, but are left to be enforced by the State tribunals.</p> <p>2. If the vessel be a foreign vessel, (and such is its character if it plies between one State and another State,) contracts made with it are maritime contracts, and must be enforced in the admiralty; if she is a domestic vessel, and the contract made with her in her home port, admiralty has no jurisdiction, and resort must be had for its enforcement to the State tribunals.</p> <p>3. Same—of the act of 1857. The act of 1857 of the general assembly of this State, authorizing proceedings in rem against boats and vessels, in favor of certain classes of persons, is not in conflict with the constitution of the United States, giving to courts of the United States exclusive jurisdiction over maritime contracts, but was a legitimate exercise of the legislative power of the State, on a subject entirely domestic, and in no way affecting the trade or commerce with other States, or foreign nations.</p> <p>4. Jurisdiction—of the pleadings—and the presumptionin respect thereto. The general principle is, where the question comes up collaterally, that every presumption is to be made in favor of the jurisdiction of a court of general jurisdiction.</p> <p>5. The Court of Common Pleas of the city of Cairo, is a court of general, though limited, jurisdiction, and the presumption applies to that court.</p> <p>6. But, where on a given state of facts, jurisdiction is acquired by a State court, to the exclusion of an admiralty court, on a motion in the court where the proceeding is pending, to dismiss for want of jurisdiction, the jurisdictional facts must affirmatively appear.</p> <p>7. So, where it is sought, by a proceeding in a State court, even of general jurisdiction, to enforce a contract made with a boa