Weithoff v. Murray

Hayne, C.

Action to foreclose a laborer’s lien. The court below gave judgment for the defendants on demurrer to the amended complaint, and the plaintiff appeals. The facts shown by said complaint are substantially as follows:—

The plaintiff was employed by one Hugh Murray, who was the owner of a certain “water-ditch property,” as “a laborer and ditch-tender.” The employment must be taken to have been from month to month. After a little more than five years, the owner died. We think it must be assumed from the complaint that the plaintiff had notice of the death of his employer, and therefore…