Legal Opinion

Martin v. Wakefield

Supreme Court of Minnesota

Decided December 12, 1889PublishedCited by 17 opinions

Plaintiff brought this action in the district court for Hennepin county against Aaron Palmer, to enforce a lien for labor on pine saw logs, marked "P* W,” under a contract with him. Joseph W. Wake-field & Co. were admitted as intervenors, and alone answered the complaint. The action was tried by Lochren, J., who ordered judgment. for plaintiff fqr $129.75 and interest, and making the indebtedness a lien on the logs of the above mark.

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Plaintiff brought this action in the district court for Hennepin county against Aaron Palmer, to enforce a lien for labor on pine saw logs, marked "P* W,” under a contract with him. Joseph W. Wake-field & Co. were admitted as intervenors, and alone answered the complaint. The action was tried by Lochren, J., who ordered judgment. for plaintiff fqr $129.75 and interest, and making the indebtedness a lien on the logs of the above mark. The' intervenors appeal from an order refusing a new trial.

1Opinion of the CourtMitchell, J.

Gen. St. 1878, c. 32, § 63, provides that “any person who may do or perform any manual labor in cutting, banking, driving,” etc., “any logs or timber in this state, shall have a lien thereon * * * for the amount due for such services.” The defendant employed plaintiff and his team, at a gross price per month for both, to work in a logging camp in getting out logs. As a matter of fact, during a great part of the employment the defendant worked them separately, the team being used in hauling the logs, while plaintiff was occupied in bringing in supplies with other teams or taking care of the…

2Cases cited2 opinions

  1. Winslow v. UrquhartWisconsin Supreme Court · 1875
  2. Hogan v. CushingWisconsin Supreme Court · 1880

3Cited by17 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
  2. Diamond National Corporation v. Dale Lee, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1964
  3. Breault v. ArchambaultSupreme Court of Minnesota · 1896
  4. Phillips v. AtwellSupreme Court of Florida · 1918
  5. D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd.Alaska Supreme Court · 2002

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