The Julia Sherwood

E.D. New York

The Julia Sherwood

8 F. 366, 1881 U.S. Dist. LEXIS 145

DecidedJuly 25, 1881

StatusPublished

This text of 8 F. 366 (The Julia Sherwood) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Julia Sherwood, 8 F. 366, 1881 U.S. Dist. LEXIS 145 (E.D.N.Y. 1881).

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Opinion

BeNediot, D. J.

The exception to the libel is not well taken. Upon the facts stated in the libel a lien upon the canal-boat was created by virtue of the statute of the state where the materials were supplied. It was not necessary to aver that a specification of the claim has been filed. The filing of a specification is only necessary in ease the vessel leaves the port, and by this libel it does not appear that the vessel ever left the port.

The libellant is entitled to a decree, upon the exceptions, for the amount claimed, with leave to the claimant to answer on payment of costs.

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BeNediot, D. J.

The exception to the libel is not well taken. Upon the facts stated in the libel a lien upon the canal-boat was created by virtue of the statute of the state where the materials were supplied. It was not necessary to aver that a specification of the claim has been filed. The filing of a specification is only necessary in ease the vessel leaves the port, and by this libel it does not appear that the vessel ever left the port.

The libellant is entitled to a decree, upon the exceptions, for the amount claimed, with leave to the claimant to answer on payment of costs.

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Bluebook (online)

8 F. 366, 1881 U.S. Dist. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-julia-sherwood-nyed-1881.