Page:Federal Reporter, 1st Series, Volume 10.djvu/855

 THE CITY OF SALEM. 84-8 �Bos. 1; McClean v. Fleming, 96 U. S. 245; Frese v. Buchof, 14 Blatchf. 432 ; Coleman v. Crump, 70 N. Y. 573 ; Morgan' s Sons Co. t. Troxell, 23 Hun. 632, and Cox's Manual, Case, 674; Sawyerv. Horn, Cox's Manual, Case, 667; Mitchell v. Henry, 43 Law Times Eep. (N. S.) 186. �The evidence as to transactions after the filing of the bill is admis- sible. It comea in not to show intringement, but to characterize the practical use of the subject-matter of the suit. The objection as to the recalling of witnesses is overruled. The plaintiffs are entitled to an iujunction, and to a reference to a master to take an account of profits, and to the costs of the suit. ���Thb Citi op Salbm. {District Court, D. Oregon. March 4, 1882.) �1. Pleading— BuPFiciENcy OF AN Answbr. �Semble that an allegation in an aaswer that the respondent is " ignorant " of a matter alleged in the libel is sufflc 'ent. �2. Vessels — Lœn for Laboe— Home Port— State Law. �The libel alleged that 8. contracted with li., the owner of a steam-boat, to repair her in her home port, and emploj'ed the libellants to work at said repairs as ship carpenters. Held, that upon the facts stated, and under the lien law of Oregon, (Sess. Laws 1876, p. 9,) which gives a lien upon a boat for the value of iabor done thereon at the request of a contracter with the owner, the libellants had a lien for their wages which might be enforced in the admiralty in a suit in rem, irrespective of the state of the accounts between S. and R, or the f all- ure of B. to fully perform his contract. 3 Lien of Material-Man — Nature and Waiver of. �The lien of the material-man, under the Oregon aot, does not depend upon any expressed intention or conscious purpose on his part to claim it, but it is an incident which the law attaches to the performance of the Iabor or the de- livery of the materials under the circumstances stated, and can only be waived or discharged by an agreement or understanding with him to that efCect. �David Goodsell, for libellants. �William H. Effinger, for respondent. �Dbady, D. J. This suit is brought to enforee a lien in favor of the libellants against the steam-boat City of Salem, a vessel engaged in the navigation of the waters of this state, and owned, enrolled, and lieensed at this port. �The libel alleges that during the months of November and Deeem- ber, 1881, and lanuary, 1882, said vessel was in the lawful posees- ��� �