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EX PARTE EASTON, 95 U. S. 68 (1877)

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U.S. Supreme Court

Ex Parte Easton, 95 U.S. 68 (1877)

Ex Parte Easton

95 U.S. 68

Syllabus

1. Claims for wharfage, arising out of either an express or an implied contract, are cognizable in admiralty.

2. Where the wharfage has not been agreed upon by the parties, the wharfinger is entitled, as upon an implied contract, to a just and reasonable compensation for the use of his wharf.

3. If the vessel or watercraft is a foreign one or belongs to a port of a state other than that where the wharf is used, the claim of the wharfinger for such use is a maritime lien against the vessel, which he may enforce by a proceeding in rem, or he may resort to a libel in personam against the owner of such vessel or watercraft.

4. Whether a writ of prohibition should be issued to the district court, when proceeding as a court of admiralty and maritime jurisdiction depends upon the facts stated in the record upon which that court is called to act. Matters

Petition for a writ of prohibition to restrain the District Court of the United States for the Eastern District of New York from exercising jurisdiction in a proceeding in rem to enforce an alleged lien for wharfage against the canal boat or barge John M. Welch.

As the facts in the case are fully stated in the opinion of the Court, they are omitted here. chanroblesvirtualawlibrary

Page 95 U. S. 70





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