Hill v. Callahan
Supreme Court of New Hampshire
Assumpsit, “ for labor performed by the plaintiff for the defendant, at his request.” The defendant was defaulted. The question reserved is, whether, as against the claimants, the plaintiff has a lien on certain logs for all or any part of his labor. Pacts found by a referee.
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Assumpsit, “ for labor performed by the plaintiff for the defendant, at his request.” The defendant was defaulted. The question reserved is, whether, as against the claimants, the plaintiff has a lien on certain logs for all or any part of his labor. Pacts found by a referee. The writ commanded the sheriff to attach the goods or estate of the defendant, “ and especially to attach about seven hundred thousand feet of spruce logs and about twenty thousand feet of pine logs now landed on the land of John Head, in Shelburne, in said county of Coos, near and upon the bank of the Androscoggin…
1Opinion of the CourtFoster, J.
The logs became the property of the defendant as fast as they were cut, Kronberg having reserved no lien upon them. The claimants took them by purchase from the defendant, subject to the plaintiff’s right to enforce his lien, under the provisions of Gen. St., c. 125, s. 14, whereby it is enacted 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…
2Cases cited6 opinions
- Monroe v. WestSupreme Court of Iowa · 1861
- Fowler v. BailleyWisconsin Supreme Court · 1861
- Miller v. BatchelderMassachusetts Supreme Judicial Court · 1875
- Yearsley v. FlanigenSupreme Court of Pennsylvania · 1854
- Beckwith v. BoyceSupreme Court of Missouri · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ferns v. American Moore Peg Co.Supreme Court of New Hampshire · 1924
- Kendall v. PickardSupreme Court of New Hampshire · 1893
- Lawson v. KimballSupreme Court of New Hampshire · 1896
- Hopkins v. RaysSupreme Court of New Hampshire · 1894
- Mathers v. ConnellySupreme Court of New Hampshire · 1948
2 more not listed; retrieve them via the Exa API.