Little Rock, Hot Springs & Texas Railway Co. v. Spencer
Supreme Court of Arkansas
Appeal from Garland Chancery Court. Leland Leatherman, Chancellor. Sand. & H. Dig., § 6251, creates a charge against property without the assent of the owner; and it must be strictly construed. 54 Ark. 522, 525; 51 Ark. 309, 315; 27 Ark. 564; 42 S. W. 1147; 43 Ark. 168; 59 Ark. 81, 84. The statute applies only to those who themselves “do or perform work or labor;” and it cannot be construed to include contractors who do not perform any of the work themselves, but simply act…
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Appeal from Garland Chancery Court. Leland Leatherman, Chancellor. Sand. & H. Dig., § 6251, creates a charge against property without the assent of the owner; and it must be strictly construed. 54 Ark. 522, 525; 51 Ark. 309, 315; 27 Ark. 564; 42 S. W. 1147; 43 Ark. 168; 59 Ark. 81, 84. The statute applies only to those who themselves “do or perform work or labor;” and it cannot be construed to include contractors who do not perform any of the work themselves, but simply act through others. 90 N. Y. 213, 218 — 19; 39 Mich. 594; 27 Mo. 39; 49 Ga. 506, 511, 512; 3 Wash. Ter. 444; 1 Jones, Liens,…
1Dissent
Wood, J.,
(dissenting.) First. I insist that, as the law now stands, neither the day-laborer upon, nor the contractor and builder of, uncompleted railroads has any lien. Let us see. In Tucker v. Railway Co., 59 Ark. 81, the plaintiff, Tucker, sued the company, setting up in his complaint that “he was a laborer and contractor under one Wilson, who had taken a contract from the company to clear off and grub the right of way, and grade its branch road about one mile in length; and as stick performed work amounting to the sum of $317.90, of which Wilson paid him $150, leaving the balance sued for…
2Cases cited24 opinions
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- People Ex Rel. Dunkirk & Fredonia Railroad v. CassityNew York Court of Appeals · 1871
- Winder v. CaldwellSupreme Court of the United States · 1853
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Aikin v. . WassonNew York Court of Appeals · 1862
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