Hanlon Dry Dock & Shipbuilding Co. v. California Reclamation Dist. No. 307

Good Law
3 F.2d 408·1925 A.M.C. 331·1925 U.S. App. LEXIS 3751
United States Court of Appeals for the Ninth CircuitJanuary 26, 1925No. 4329California1,189 words

Opinion

Lead Opinion

Gilbert, J.

The question presented on this appeal is whether a dredge belonging to a reclamation district of the state of California, and used for necessary reclamation work, is subject to a maritime lien for repairs to her hull and the use of a dry dock furnished at the instance of her toaster and owner. The court below held that the dredge was exempt from a- lien in admiralty and ■ dismissed the libel. The Supreme Court of California, while passing by the question whether or not a- reclamation district is a public corporation, ruled that, whether it is a public corporation or but a public agency, it has no fight to acquire property except for the purpose of carrying on the work of reclamation and matters incident thereto. Said the. court: “Property devoted to that sort of public use, and belonging to a public corporation or public agency, cannot be levied on and sold to satisfy judgments against such .corporation or 'agency. The only means by which the plaintiff could obtain payment of such a judgment would be by resort to the remedy which he had in the first instance — that is to say, a suit in mandamus to compel the levy *409 ing of an assessment.” San Francisco Saving’s Union v.…

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