Nathan Clifford

Name: The Lottawanna — Opinion of the Court
Author: Nathan Clifford

Summary

“The Lottawanna — Opinion of the Court”, is a work by Nathan Clifford. It explores elements such as proceeds, the District Court and lien.

Quotes from The Lottawanna — Opinion of the Court (Nathan Clifford)

Nathan Clifford, The Lottawanna — Opinion of the Court

“ Doubtless the maritime lien is, in many cases, well described as a privilege in the thing, but the State law, which cannot be enforced in the admiralty, also gives material-men a privilege or lien in such cases, and in view of that fact it may well be questioned whether the allegation in the libels is sufficient to apprise the owners of the specific nature of the interest which the libellants claim in the proceeds, as the rule of decision in the Federal courts has been for many years that a maritime lien does not arise in such a case. ”

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Source: Wikisource

Nathan Clifford, The Lottawanna — Opinion of the Court

“ Different views have in some few instances been adopted by the District Courts, but the right of the court to decree that third persons who could not have proceeded against the property in rem may recover a proportion of the proceeds to satisfy their claims against the owner, in a case where the owner appears and opposes the application, seems to be repugnant to every sound principle of judicial proceeding, and it is certainly opposed to the great weight of authority. ”

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Source: Wikisource

Nathan Clifford, The Lottawanna — Opinion of the Court

“ Beyond doubt maritime liens upon the property sold by the order of the admiralty court follow the proceeds, but the proceeds arising from such a sale, if the title of the owner is unincumbered and not subject to any maritime lien of any kind, belong to the owner, as the admiralty courts are not courts of bankruptcy or of insolvency, nor are they invested with any jurisdiction to distribute such property of the owner, any more than any other property belonging to him, among his creditors. ”

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Source: Wikisource

Nathan Clifford, The Lottawanna — Opinion of the Court

“ Suppose, for example, that a vessel should be libelled at her home port upon a claim for maritime wages of $50, and should be sold for $20,000, and the proceeds in the registry, amounting to $19,950, should be claimed by creditors of the owners who had no admiralty liens, it is obvious that by indirection the creditors would be extending and enlarging the jurisdiction of the admiralty court so as to embrace causes which could not have been enforced directly and in the first instance as against the vessel. ”

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Source: Wikisource

Nathan Clifford, The Lottawanna — Opinion of the Court

“ Subsequent to the seizure any person may enter an appearance to protect any interest he may have in the property, or he may commence a second or subsequent suit to enforce any claim he may have against it, or he may take legal measures to prevent the release of the property under arrest, or to prevent the payment of the proceeds out of the registry. [26] Defence may be made to a suit in rem by any person who has an interest in the thing seized ”

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Source: Wikisource

Nathan Clifford, The Lottawanna — Opinion of the Court

“ Where an appeal is taken from the decree of the District Court in a proceeding in rem to the Circuit Court, the property or proceeds thereof follows the cause into the Circuit Court, where it remains until the litigation is ended, as it does not follow the cause into the Supreme Court. ”

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Source: Wikisource

Nathan Clifford, The Lottawanna — Opinion of the Court

“ The point decided by the District Court in its confirmation of the commissioner's report was, that where interveners in admiralty have no admiralty lien the proceeds of the sale of the steamboat will not be distributed, if there is any opposition to such distribution. ”

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Source: Wikisource

Nathan Clifford, The Lottawanna — Opinion of the Court

“ Argument to support these conclusions is not necessary, as they are self-evident, but inasmuch as the case must be remanded for a new hearing, it becomes necessary to examine some of the questions which the anomalous proceedings present for consideration. ”

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Source: Wikisource

Nathan Clifford, The Lottawanna — Opinion of the Court

“ Wilson & Co., Chaffee & Brother, and the other interveners at New Orleans, for supplies furnished in that port, opposed this claim, and-asserting that on an account justly taken between the said Bell & Kennett and the owners of the vessel, it would appear that the former were indebted to the owners, and not the owners to them-were not willing even that Bell & Kennett should come pari passu on the fund; much less that they should sweep it all away. ”

Nathan Clifford

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