United States Supreme Court Cases & Opinions

U.S. Supreme Court

Rounds v. Cloverport Foundry & Machine Co., 237 U.S. 303 (1915)

Rounds v. Cloverport Foundry & Machine Company

No. 669

Submitted February 23, 1915

Decided April 19, 1915

237 U.S. 303

Syllabus

In an action in personam, the state court has jurisdiction to issue an auxiliary attachment against the vessel whether or not the contract be of a maritime nature.

While a proceeding in rem, as one essentially against the vessel itself, is within the exclusive jurisdiction of the admiralty, an action in personam with concurrent remedy of attachment to secure payment of a personal judgment is within the jurisdiction of the state court even though such attachment, if auxiliary to the remedy in personam, runs specifically against the vessel under a state statute providing for a lien.

Page 237 U. S. 304

A specific attachment in a suit against the owners of a vessel for repairs made thereto, under the lien provision of §§ 2480-2486, Kentucky Statutes, held to be an auxiliary lien attachment in a suit in personam to protect the judgment, and not a proceeding in rem, and the case was therefore within the jurisdiction of the state court.

159 Ky. 414 affirmed.

The facts, which involve the construction and validity of the laws of the Kentucky relating to liens on vessels for repairs and the jurisdiction of the state court to enforce such liens, are stated in the opinion.

Page 237 U. S. 305