Mills Lumber Co. v. Heard

This was a suit by appellees, aided by attachment on certain lumber, against appellant, seeking the recovery of wages, alleged to have been earned by them, etc., in manufacturing, etc., the said lumber. Code 1923, §§ 8901, 8904.

The case was tried below before the court sitting without a jury. For the purposes of our review, his findings, of course, have the force and effect of a jury’s verdict.

But the judgment cannot stand. The undisputed testimony is that each of the apr pellees was employed by, worked for, and is due his wages from, one Stewart, who, as an independent contractor, cut, from…