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Rounds v. Cloverport Foundry & Machine Co., 237 U.S. 303 (1915)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Rounds v. Cloverport Foundry & Machine Co., 237 U.S. 303 (1915)
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Rounds v. Cloverport Foundry & Machine Company No. 669 Submitted February 23, 1915 Decided April 19, 1915 237 U.S. 303
ERROR TO THE COURT OF APPEALS
OF THE STATE OF KENTUCKY
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.
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.
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Chicago: U.S. Supreme Court, "Syllabus," Rounds v. Cloverport Foundry & Machine Co., 237 U.S. 303 (1915) in 237 U.S. 303 237 U.S. 304–237 U.S. 305. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4ZMAR76XE164LW1.
MLA: U.S. Supreme Court. "Syllabus." Rounds v. Cloverport Foundry & Machine Co., 237 U.S. 303 (1915), in 237 U.S. 303, pp. 237 U.S. 304–237 U.S. 305. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4ZMAR76XE164LW1.
Harvard: U.S. Supreme Court, 'Syllabus' in Rounds v. Cloverport Foundry & Machine Co., 237 U.S. 303 (1915). cited in 1915, 237 U.S. 303, pp.237 U.S. 304–237 U.S. 305. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4ZMAR76XE164LW1.
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