Herrin v. Warren & Mobley
Mississippi Supreme Court
Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. The facts are stated in the opinion. In this case it will be contended for appellees that appellants were employes of Ferguson & Brothers, who were sub-contractors; that Smith & Brother were the parties who contracted with the railroad company, and that no other persons than Smith & Brother can claim the benefit of the statutory lien.
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Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. The facts are stated in the opinion. In this case it will be contended for appellees that appellants were employes of Ferguson & Brothers, who were sub-contractors; that Smith & Brother were the parties who contracted with the railroad company, and that no other persons than Smith & Brother can claim the benefit of the statutory lien. Code 1880, § 1379. There would be some force in this reasoning; but the legislature, by the act of March 7, 1882, amended § 1378 by adding, “embankments or other work on railroads ” as…
1Opinion of the CourtChalmers, J.
The Yazoo and Mississippi Valley Railroad Company contracted with Smith & Bro. for an agreed sum to build their roadbed from Big Black River to Yazoo City. Smith & Bro. for an agreed and smaller sum contracted with Ferguson & Bro. to do the work on section 29, said section constituting a smaller portion of the contract taken by Smith & Bro. One Herrin and others were laborers under Ferguson, agreeing for a stipulated sum to work for the latter.
The latter caused to be done a portion of -the work contracted to be done by them, made default as to the balance, and left the country without paying…
2Cited by6 opinions
- Spengler v. Stiles-Tull Lumber Co.Mississippi Supreme Court · 1909
- Dixie Lumber Co. v. YoungSupreme Court of Alabama · 1919
- Enochs Lumber & Mfg. Co. v. GarberMississippi Supreme Court · 1917
- City Coal & Lumber Co. v. Gulf Refining Co.Mississippi Supreme Court · 1938
- Jake Strickland Lumber Co. v. RheinhartMississippi Supreme Court · 1917
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