Perry v. Haines

by Henry Billings Brown

United States Supreme Court

191 U.S. 17

Perry  v.  Haines

 Argued: March 11, 12, 1903. --- Decided: October 26, 1903

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State Report Title: The Robert W. Parsons This was a writ of error to review a judgment of the supreme court of the state of New York sustaining the jurisdiction of that court to enforce a lien for repairs made by Haines to the canal boat Robert W. Parsons, which was engaged at the time in navigating the Erie canal and Hudson river.

Defense, that the statute of the state of New York, giving a lien for such repairs, and providing a remedy for enforcing the same in rem, is unconstitutional, so far as concerns the remedy, and an infringement upon the exclusive jurisdiction of the courts of the United States in admiralty and maritime causes.

A motion to vacate the attachment, issued upon the petition of Haines, upon the ground that the court had no jurisdiction, was denied, an appeal taken to the appellate division of the supreme court, where the case was argued, and the order of the court below affirmed by a majority of the justices. Re Haines, 52 App. Div. 550, 65 N. Y. Supp. 350. From the final order of the court, subsequently entered, the owner, Clara Perry, again appealed to the appellate division, where the order was affirmed (Re Haines, 57 App. Div. 636, 68 N. Y. Supp. 1139), and again by the court of appeals. Re Haines, 168 N. Y. 586, 60 N. E. 1112. Whereupon a writ of error was sued out from this court.

Mr. Martin Clark for plaintiff in error.

[Argument of Counsel from pages 18-21 intentionally omitted]

Mr. F. Thompson for defendant in error.

Statement by Mr. Justice Brown:

[Argument of Counsel from pages 21-23 intentionally omitted]

Mr. Justice Brown delivered the opinion of the court:

Notes