Jacobs v. Knapp
Supreme Court of New Hampshire
Assumpsit, for services in hauling wood to the railroad station at Warren Summit, in Feb., 1869. The return showed an attachment, March 30th, 1869, of certain wood near Warren Summit, “ it being to secure a lien upon the same.” Plea, the general issue.
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Assumpsit, for services in hauling wood to the railroad station at Warren Summit, in Feb., 1869. The return showed an attachment, March 30th, 1869, of certain wood near Warren Summit, “ it being to secure a lien upon the same.” Plea, the general issue. It was agreed that the wood attached belonged to the defendants; that one Fifield contracted with the defendants to haul the wood to Warren Summit; that Fifield employed the plaintiff to haul it, and that the plaintiff did haul it; that the defendants did not expressly or impliedly contract with the plaintiff, (unless such contract can be…
1Opinion of the CourtFoster, J.
The decision of the questions raised by this case depends upon the construction to be given to the 14th section of the 125th chapter of the General Statutes.
That statute provides that “ any person who labors at cutting, hauling, or drawing wood, bark, logs, or lumber, shall have a lien thereon for his personal services, which lien shall take precedence of all other claims except liens on account of public taxes, to continue sixty days after the services are performed, and may be secured by attachment.”
At the common law the lien of a mechanic, manufacturer, or other laborer “ is neither a jus…
2Cases cited9 opinions
- Spofford v. TrueSupreme Judicial Court of Maine · 1851
- Bicknell v. TrickeySupreme Judicial Court of Maine · 1852
- Fowler v. LudwigSupreme Judicial Court of Maine · 1852
- McCrillis v. WilsonSupreme Judicial Court of Maine · 1852
- Redington v. FryeSupreme Judicial Court of Maine · 1857
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3Cited by1 opinion
- Sargent v. UsherSupreme Court of New Hampshire · 1875