King v. Kelly
Supreme Court of Minnesota
In the fall of 1876, the defendant Delvin made a contract with one Stanchfield, for cutting, hauling and banking a lot of pine logs for Stanchfield. Plaintiff’s intestate, Emery, made a contract with Delvin for hauling and banking such logs or a portion thereof, for which service he was to receive, by the terms of the contract, 28 cents per thousand.
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In the fall of 1876, the defendant Delvin made a contract with one Stanchfield, for cutting, hauling and banking a lot of pine logs for Stanchfield. Plaintiff’s intestate, Emery, made a contract with Delvin for hauling and banking such logs or a portion thereof, for which service he was to receive, by the terms of the contract, 28 cents per thousand. Between December 4,1876, and February 28,1'877, Emery performed labor under the contract amounting to f 219, only five dollars-of which was paid. On March 1, 1877, Stanchfield sold and assigned the logs and log-mark to the defendant Kelly, the…
1Opinion of the CourtBerry, J.
Laws 1876, c. 89, (Gen. St. 1878, c. 32, §§ 63-*524'll,) which is entitled “An act for providing for a lien for labor upon logs and timber,” enacts, in section 1, that “any person who may do or perform any manual labor, in cutting, banking, driving, rafting, cribbing, or towing any logs or timber in this state, shall have a lieri thereon, as against the owner thereof, and all other persons, except the State of Minnesota, for the amount due for such services, and the same shall take precedence of all other claims thereon.” Section 14 declares that “this act is intended only for the protection of…
2Cited by5 opinions
- Sheldon M. Grengs v. Twentieth Century Fox Film CorporationCourt of Appeals for the Seventh Circuit · 1956
- Breault v. ArchambaultSupreme Court of Minnesota · 1896
- Brown v. BalfourSupreme Court of Minnesota · 1891
- Knoxville Table & Chair Co. v. Kerr Bros.Tennessee Supreme Court · 1914
- Sheldon M. Grengs v. Twentieth Century Fox Film CorporationCourt of Appeals for the Seventh Circuit · 1956