Williamson v. Hogan

Citations

• 46 Ill. 504

Syllabus

<p>1. Pleading at law—demurrer. The principle is well established, that judgment will be rendered against him who commits the first error in pleading.</p> <p>2. Same—concerning a plea under the act of Feb. 16, 1857, relative to the liability of vessels—pleader must bring himself strictly within its terms. Under the act of Feb. 16, 1857, relative to the liability of vessels, for debts contracted on account thereof, a pleader, in order to avail himself of the statute, must show himself clearly within its terms and spirit, as nothing will be presumed in that direction in his favor.</p> <p>3. Statutes—act of 1857—relative to vessels—in proceedings against vessels— giving bond—discharges lien. In a proceeding against a vessel, under the act of Feb. 16, 1857, the giving of the bond, as provided for by section five of that act, effects a clear discharge of the lien first obtained under the statute.</p> <p>4. Conflict of laws—concerning jurisdiction of State courts oven' contracts not maritime. The act of the general assembly of Illinois, passed Feb. 16, 1857, relative to the liability of vessels for debts contracted on account thereof, is not repugnant to the 9th section of the act of congress of Sept. 24th, 1789, conferring exclusive jurisdiction upon the- district courts of the United States, in all admiralty causes arising on the navigable waters of the United States.</p> <p>6. Contracts—what will not be considered maritime. Contracts made with the proper person for furnishing supplies to boats and vessels, and performed at the home port, are not maritime contracts, and for a breach of such contracts, actions can be maintained in the manner provided by the act of 1857.</p>