Gile v. Atkins
Supreme Judicial Court of Maine
On Exceptions by Plaint iee. Assumpsit to enforce a lien on the defendant’s colt under the statute of 1895, c. 25; also for a personal judgment against the defendant.
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On Exceptions by Plaint iee. Assumpsit to enforce a lien on the defendant’s colt under the statute of 1895, c. 25; also for a personal judgment against the defendant. The action was tried in the Dover municipal court, Piscataquis county, where the judge denied the claim for a lien and signed a bill of exceptions under the provision of the act organizing the court, being c. 507, § 17, Private and Special Laws of 1889, as follows: “In the above entitled action, tried at the March term of said Municipal Court, the judge of said court found as facts that defendant’s mare was served by plaintiff’s…
1Opinion of the CourtEmery, J.
In this suit to recover for the service of a stallion, the plaintiff has attached the colt and asks for a specific lien judg*226ment against the colt, as well as a personal judgment against the defendant, its owner. He claims this lien judgment under chapter 25 of the statutes of 1895, which is as follows:—
Sect. 1. “A lien is hereby created on all colts hereafter foaled in this state, to secure the payment of the service fee, for the use of the stallion begetting the same. Such lien is to continue in force until the foal is six months old, and may be enforced during that time by attachment of…
2Cases cited1 opinion
- Carlton v. HescoxMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- United States v. Beaver Run Coal Co.Court of Appeals for the Third Circuit · 1938
- County Board of Supervisors of Platte Co. v. BreeseNebraska Supreme Court · 1960
- F. M. Spalding Lumber Co. v. SlusherSupreme Court of Kansas · 1926