Meands v. Park
Supreme Judicial Court of Maine
Agreed statement. Assumpsit to enforce a lien under K,. S., c. 91, § 38, for plaintiff’s services on certain logs that were attached on the writ. The ease appeal’s in the opinion. The court can render judgment against the logs, this being a proceeding in rem and no judgment in personam being claimed, without notice to the principal defendants or their appearance.
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Agreed statement. Assumpsit to enforce a lien under K,. S., c. 91, § 38, for plaintiff’s services on certain logs that were attached on the writ. The ease appeal’s in the opinion. The court can render judgment against the logs, this being a proceeding in rem and no judgment in personam being claimed, without notice to the principal defendants or their appearance. R. S., c. 91, § 45; Freeman on Judgments, § 611; 2 Ency. of Plead. & Prac. p. 969; Ward v. Boyce, 152 New York, 191; Plurede v. Levasseur, 89 Maine, p. 172. Plaintiff was a laborer within the statute. Plurede v. Levasseur, supra;…
1Opinion of the CourtWhitehouse, J.
This is an action of assumpsit brought by tbe plaintiff to enforce the statute lien on certain logs for personal labor, alleged to have been performed by him in cutting and hauling the logs attached. The case comes to this court on an agreed statement of facts, from which it appears “that no service was made on either defendant, either personally or by publication, other than the general notice given to log owners under the statute; that the plaintiff performed no personal manual labor on the logs attached, but was for three days of the time a scaler at $2.50 per day, and the balance of the…
2Cases cited3 opinions
- Wakefield v. . FargoNew York Court of Appeals · 1882
- Brockway v. InnesMichigan Supreme Court · 1878
- Whitaker v. . SmithSupreme Court of North Carolina · 1879
3Cited by9 opinions
- Kidder v. Nekoma Lumber Co.Oregon Supreme Court · 1952
- Durkheimer v. Copperopolis Copper Co.Oregon Supreme Court · 1909
- Cavanaugh v. Art Hardware & Manufacturing Co.Washington Supreme Court · 1923
- Britt v. Cotter Butte MinesMontana Supreme Court · 1939
- Puget Sound Log Scaling & Grading Bureau v. Danaher Lumber Co.Washington Supreme Court · 1922
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