New York Court of Appeals

In the Matter of the Attachment of Freeman B. Bird and Freeman B. Bird, Jr. v. . the Steamboat Josephine, Her…

March 5, 186839 N.Y. 19

Summary

The New York Court of Appeals held that the 1862 New York statute authorizing in rem liens against vessels for supplies is unconstitutional because it intrudes on the exclusive admiralty jurisdiction of the United States district courts. The Court reversed the lower appellate court and reinstated the order vacating the warrant of attachment.