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 on vessels is unconstitutional because it intrudes on the exclusive admiralty jurisdiction of the United States federal courts, and therefore reversed the General Term's decision and affirmed the lower order vacating the warrant of attachment.