Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-11-29
NORTHUMBERLAND.
An Interesting Case Decided by
Judge Wright.


T1rATHSVILLE. VA, November %
(special)-The regular fall term OF our
Circuit court began here Wednesday, with
Judge n. r. b. Wright on the bencn.
Tbs docket is rather large. and the term
promises 10 ia q very busy one.
JUDGE Wright delivered an important
decision Wednesday IN the case OF W ood-
hull d Co.. marine railway owners vs.
George T. Haynie. vessel owner. a
suit was brought some time since III
the Circuit Court here BY the piainllIs
.n the cause 10 recover OF the oetendan'
q large sum on an account for repairs
made on a certain schooner owned by the
defendant In the trial OF the cause the
Jury rendered Judgment for the plalntiIs
in the sum OF $50O.S5. An attachment
having been sued out In the same court
by the plaintiffs against the schooner I'D
question, 10 satisfy the amount Of the
Judgment, the attorney Tor the deIenoahl
moved the Court TO qu-sh the attach
ment on the ground that as it had not
been sued out in accordance with COM
mon law proceedings that the court mere
did not have jurisdiction.
After mature consideration Of the point,
the Court quashcd the attachment both
on the ground raised by the defendant 30
his motion, and on account OF irresulari-
ties in the attachment itself In deliver
Ing his ODllDls JAA6t ~ llbht chntNN NA"-
the question was Il very complex one
and one which had never been passed
upon by any Judge in the State. Follow.
ing Justice Bradley in the Lattawanna
Rl Wallace, and Justice Clifford in the
Belfast. and citing l.. II. Stewart, the
Potomac Ferry case Judge Hughe5), the
judge said that all Hens. whether mari
time liens against foreign vessel or
state liens against a domestic vessel.
~
District Court Of the United States. but
that material men ana ship chambers
in furnishing repairs could come into the
state court to enforce their contracts
for repairs II they did not treat the case
as a maritime cause OF action, but en-
Dloyed the common law remedies as I'm
a common law cause OF action. However,
as rhis proceeding was IN the form OF
remedy in rem In court Of adj
mirality. and the attachment employed
as an auxiliary under the vessel len
law to enforce the lien created by statute.
and as the interest Of the owner of the
vessel in the vessel was not sought 10 be
sold by a proceeding In personam, the
Judge hold that the jurisdiction OF this
court dii not attach. The several irregu-
larities In the service OF the attachment.
together with the points already stated,
were sufficient grounds IN the opinion Of
proceeds from the sale Of the schooner,
which had been sold by mutual consent,
are still held by the Court subject to an
execution on the part Of the plaintiffs.
The decision IS regarded as quite an inn
poTtant one by the many counsel present.
There are a great many civil causes TO
be disposed OF at this term of the court.
Among the attorneys present from
dis.ance we mention Mossrs. Carter &
Ware Of rNaDDahannOck and MaSsrs
r. W Russell and T. Il. Quinby. Of Ac-
comac.
A very tasty and pretty marriage was
solemnized at the home of the late Major
II. c. Deshields last wednesday afternoon,
the contracting parties being Miss Grace
Deshields and Mr.. Walter Il. Carlton.
Rev. a. y. Chinn of the Episcopal
church. Uas the officiating minister and
performed the ceremony very gracefully.
Mr. and Mrs. Carlton Will make their
home in Heathsvlle for the pres snt.