Little Rock, Hot Springs & Texas Railway Co. v. Spencer
Supreme Court of Arkansas
Appeal from Garland Chancery Court. Leland Leatherman, Chancellor. Sand. & H. Dig., § 6251, creates a charge against property without the assent of the owner; and it must be strictly construed. 54 Ark. 522, 525; 51 Ark. 309, 315; 27 Ark. 564; 42 S. W. 1147; 43 Ark. 168; 59 Ark. 81, 84. The statute applies only to those who themselves “do or perform work or labor;” and it cannot be construed to include contractors who do not perform any of the work themselves, but simply act…
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Appeal from Garland Chancery Court. Leland Leatherman, Chancellor. Sand. & H. Dig., § 6251, creates a charge against property without the assent of the owner; and it must be strictly construed. 54 Ark. 522, 525; 51 Ark. 309, 315; 27 Ark. 564; 42 S. W. 1147; 43 Ark. 168; 59 Ark. 81, 84. The statute applies only to those who themselves “do or perform work or labor;” and it cannot be construed to include contractors who do not perform any of the work themselves, but simply act through others. 90 N. Y. 213, 218 — 19; 39 Mich. 594; 27 Mo. 39; 49 Ga. 506, 511, 512; 3 Wash. Ter. 444; 1 Jones, Liens,…
1Opinion of the CourtHughes, J.
This is an appeal from a decree in chancery declaring a judgment a lien upon the roadbed, etc., of the appellant railway. The judgment was for an amount due for building a part of the road. The lien was decreed under the following statute: “Every mechanic, builder, artisan, workman, laborer, or other person, who shall do or perform any work or labor upon, or furnish any materials, machinery, fixtures or other thing toward the equipment, or to facilitate the operation of any railroad, * * * shall have a lien therefor upon the roadbed, buildings, equipments, income, franchises, and other…
2Cases cited4 opinions
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Aikin v. . WassonNew York Court of Appeals · 1862
- Balch v. . N.Y. and Oswego Midland R.R. Co.New York Court of Appeals · 1871
3Cited by14 opinions
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909
- Kansas City Southern Ry. Co. v. WallaceSupreme Court of Oklahoma · 1913
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Delaware River Quarry & Construction Co. v. Board of Chosen FreeholdersNew Jersey Court of Chancery · 1918
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