Mitchell v. Page
Supreme Judicial Court of Maine
On report. Two actions of assumpsit against the principal defendant and the Guilford Manufacturing Company as trustee and also alleging that the plaintiffs had a lien on certain manufactured lumber and seeking to enforce such lien.
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On report. Two actions of assumpsit against the principal defendant and the Guilford Manufacturing Company as trustee and also alleging that the plaintiffs had a lien on certain manufactured lumber and seeking to enforce such lien. The Guilford Manufacturing Company appeared as owner of the lumber, pleaded the general issue in each action together with a brief statement alleging that it was the owner of the lumber and denying that "there was or is any lien on said lumber,” as set out in the writs. At the conclusion of the evidence the case was reported to the Law Court for determination. The…
1Opinion of the CourtCornish, J.
These two actions of assumpsit, both brought by the father Manley C. Mitchell, one in his own name, and the other as next friend of his minor son Allie C. Mitchell, to enforce lien claims under R. S., ch. 93, sec. 46, are reported to this court for final determination.
They squarely raise the question whether under this statute a lien is given for cutting or hauling manufactured lumber. A careful study of the statute and its history leads to the conclusion that such lien is not thereby created.
The original statute, chap. 72 of the Pub. Laws of 1848 reads as follows :
"Sect. 1. Any person who…
2Cited by5 opinions
- Billings v. Missoula White Pine Sash Co.Montana Supreme Court · 1930
- Cram v. Inhabitants of County of CumberlandSupreme Judicial Court of Maine · 1953
- State v. Joe H. Brady & AssociatesSupreme Court of Alabama · 1956
- Fischbach & Moore, Inc. v. Presteel Corp.Supreme Judicial Court of Maine · 1979
- Morehouse v. Shipman Lumber Servaes Co.California Court of Appeal · 1959