Brown v. Chicago, Santa Fe & California Railway Co.
Court of Appeals of Kansas
Error to the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1)' The sole question in this case is whether or not the lien given to laborers who have performed labor upon the roadbed of any railroad company in this state by article 4, chapter 47, Revised Statutes, 1879, can be filed by an assignee of such laborer. It is settled law in this state that the lien can be enforced by the assignee after it has been filed by the laborer.
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Error to the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1)' The sole question in this case is whether or not the lien given to laborers who have performed labor upon the roadbed of any railroad company in this state by article 4, chapter 47, Revised Statutes, 1879, can be filed by an assignee of such laborer. It is settled law in this state that the lien can be enforced by the assignee after it has been filed by the laborer. At the threshold of this discussion we are confronted with the decision of this question by this court in the negative, in the case of Griswold v. Railroad, 18…
1Opinion of the CourtSmith, P. J.
— This was an action brought by plaintiff against the defendant in the circuit court of Carroll county to enforce a lien based upon an account for labor performed in the construction of the defendant’s-roadbed, of which the plaintiff had become the assignee, and as such had filed said lien in conformity with the statute — chapter 47, article 4, Revised Statutes, as was supposed.
The defendant demurred to the petition on the-ground that the law gives a lien only to persons performing the labor and rendering the services, and not to the assignee, which was by the court sustained and judgment was…
2Cases cited11 opinions
- Rollin v. . CrossNew York Court of Appeals · 1871
- Davis v. BilslandSupreme Court of the United States · 1874
- Langan v. SankeySupreme Court of Iowa · 1880
- Caldwell v. LawrenceWisconsin Supreme Court · 1860
- Tewksbury v. BronsonWisconsin Supreme Court · 1880
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3Cited by5 opinions
- O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
- Erath & Flynn v. R. K. Allen & SonMissouri Court of Appeals · 1893
- Missouri State Highway Commission Ex Rel. Licking State Bank v. Coopers Construction Co.Missouri Court of Appeals · 1926
- Ray County Savings Bank v. CramerMissouri Court of Appeals · 1893
- Grimes v. SpragueMissouri Court of Appeals · 1900