Langford v. Leggitt
Mississippi Supreme Court
Appeal from the circuit court of Madison county. Hon. W. A. Henry, Judge. Suit by B. F. Leggitt against N. B. Langford. From a judgment for plaintiff, defendant appeals. The facts are' fully stated in the opinion of the court.
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Appeal from the circuit court of Madison county. Hon. W. A. Henry, Judge. Suit by B. F. Leggitt against N. B. Langford. From a judgment for plaintiff, defendant appeals. The facts are' fully stated in the opinion of the court. Does the lien of the statute attach for the wages not actually earned; for the wages not actually due for actual labor? . This lien did not exist at common law, and as it is derogatory of the common law, an employee to obtain its protection must come within its express terms. We contend that the wages must be due for work actually done to'entitle a laborer to its…
1DissentSmith, J.
I think the lien conferred by the statute is for labor done, and not for labor which the laborer would have done, had hq been permitted to do so. The case of Lumbley v. Thomas, 65 Miss. 97, 5 South. 823, is not in point. Thomas was employed to work on a plantation as a “wages hand and general laborer.” The labor done by him consisted of “plowing, hoeing, chopping wood, hauling cotton, working in blacksmith shop, running the engine, and ginning the cotton.” It will be observed that all of the work done'by Thomas was necessary to be done in order that a crop might be made, and all of it, except…
2Cases cited1 opinion
- Lumbley v. ThomasMississippi Supreme Court · 1887