
    Jonathan Hamilton v. J. P. Merril and A. O. Shepard.
    
      A judgment rendered by a court of this state in a proceeding under the watercraft act, against a steamboat by name, will not, in a collateral suit, be held void for want of jurisdiction, where it does not appear that the judgment was rendered in a maritime cause of action.
    Error reserved in the District Court of Gallia county.
    The original action was brought on a redelivery bond executed under section 5 of act of February 26, 1840, entitled “ an act to provide for the collection of claims against steamboats,” etc. It was alleged in the petition that the plaintiff, on the 8th of May, 1860, commenced a suit in the Common Pleas of Gallia county against the steamboat “ R. B. Hamilton,” and caused the same to be seized; that to effect the release of the boat the defendants executed the bond sued on; that judgment was afterward rendered in the action against the steamboat, and execution issued thereon ; and that the defendants failed to produce the-boat to answer the judgment, as they were bound to do, etc.
    To this petition the defendants demurred. The court sustained the demurrer, and rendered judgment against the plaintiff.
    This petition is prosecuted to reverse the judgment of the Common Pleas, and the sustaining of the demurrer is assigned for error.
    
      Simeon Nash, for plaintiff in error.
    
      Neal 8¡ Cherrington, for defendants in error.
   By the Court.

The judgment below should be reversed if the Courtof Common Pleas had no jurisdiction, under our watercraft act, to entertain the action against the steamboat “R. B. Hamilton,” in which the bond sued on was taken. The question of jurisdiction in that case depends on the fact, whether or not the cause of action in the case was a maritime cause of action. Steamboat General Buell v. Long, 18 Ohio St. 521; The Scow Tuttle v. Buck, 23 Ohio St. 565.

The record before us does not disclose the nature of the cause of action against the steamboat “ R. B. Hamilton.” The presumption is in favor of the jurisdiction of the court, and must prevail, until the contrary is shown.

Judgment reversed and- cause remanded.  