Hill v. Mills
Hill v. Mills
Opinion of the Court
delivered the opinion of the court.
This suit is instituted by attachment under the provisions of the act of 1833, ch. 5, which provides as follows:
Sec. 1. Whenever a debt shall be contracted by the master, owner, agent or consignee of any steam or keel boat within this State, by and on account of any work done, or materials or articles furnished for or towards the building, repairing, fitting, furnishing or equipping such steam or keel boat, or for wages due to the hands of said steam or keel boat, such debt shall be a lien upon such steam or keel boat, her tackle and furniture: Provided, That suit be commenced within three months from
Sec. 2. Any person to whom such debt, contracted as aforesaid, is due, may make application to any justice of the peace, or judge of the circuit or chancery courts, in the county in which said steam or keel boat shall then be, for a warrant to enforce said debt, and to collect the amount thereof; which application shall be in writing and shall specify, first, by whom, said debt was contracted; second, the items composing such debt, and third, it shall be verified upon oath by the creditor- or the person applying in his behalf, stating that the sum claimed in such account is justly due; and the justice or judge shall thereupon issue a warrant to the sheriff of the county commanding him to attach,' seize and safely keep such steam or keel boat, her tackle and furniture, until security is given as herein provided for, or the debt paid; which warrant shall be returned to the county or circuit court of said county for trial before a jury: Provided, that when the account of debt does not exceed fifty dollars, it shall be returned and tried befoi’e any magistrate of said county, subject to appeal from his judgment as in other cases.
On the 11th day of August 1848, Montgomery P. Hill, the plaintiff, appeared before Jarnes Rose, an acting justice of the peace for Shelby county, and filed with him his written complaint in the words and figures following:
Personally appeared Montgomery P. Hill before me, James Rose, an acting justice of the peace for said county, and made oath that Richard Mills and Andrew F. Chatfield as owners of the steam boat Victress, are justly indebted to him the said Montgomery P. Hill for wages due to him as mate and carpenter on board
August 11th, 1848.
At the September term, 1848, of the Circuit Court of Shelby county, the plaintiff filed his declaration in usual form against the defendants, to which they pleaded in abatement the following facts, viz: That the said plaintiff and the said defendants before and at the time of sueing out said writ, were not resident citizens- of the State of Tennessee, nor were either of them such citizens as aforesaid ; that is to say the said plaintiff at the time aforesaid was and still is a citizen of Red River county, in the State of Texas, and the said defendants at said time were resident citizens of the county of Red River and State of Texas. To which plea there • was a demurrer by the plaintiff, which was .overruled by the court, and the warrant of attachment quashed upon the plea in abatement; from all which this writ of error is now prosecuted.
That the Circuit Judge erred in overruling the demurrer to the plea in abatement and quashing the warrant of attachment, cannot in our judgment be questioned.
This is not a proceeding against absconding or nonresident debtors, and the domicil of the plaintiff or defendant can in no way affect it. The act under which it is instituted gives, as we have seen, a lien upon the boat for the amount of the wages due to the plaintiff as a hand of said boat upon a contract entered into in this State, and authorizes an attachment to enforce the demand in any county in the State where it might be found: And to legitimate this mode of proceeding, all
The Circuit Judge was mistaken in supposing that this statute was intended to give a remedy against absconding or non-resident debtors. It was intended for a very different purpose, viz, to secure all persons, who might do any work or furnish any materials or articles towards the building, repairing, fitting, furnishing or equipping any steam or keel boat, or who might have wages due them as' hands on said boat, against loss therefrom; and to give them a speedy and effectual remedy to recover the same. This is done by giving a lien upon the boat for the space of three months,' and an attachment against it by which it is to be held subject to the judgment of the court to
In this point of view it is wholly immaterial of what State or county the parties are citizens. It is sufficient if the debt be contracted here, and the boat be here. Nothing more is necessary to give our courts jurisdiction in such cases, if the forms required by the statute be complied with.
The judgment will be reversed and the case remanded for further proceedings.
Reference
- Full Case Name
- Hill v. Millss.
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- Published