Caster v. McClellan
Supreme Court of Iowa
Appeal from Appanoose District Court.— Hon. Robert Sloan, Judge. Action in equity to recover on an account for labor performed in and about tbe operation of a coal mine, and to establish and enforce a miner’s lien. Tbe fact situation is sufficiently stated as follows: Tbe defendant Royal Coal Company owns a coal mine in Appanoose county, and tbe defendant McClellan is tbe owner of all tbe capital stock of said company.
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Appeal from Appanoose District Court.— Hon. Robert Sloan, Judge. Action in equity to recover on an account for labor performed in and about tbe operation of a coal mine, and to establish and enforce a miner’s lien. Tbe fact situation is sufficiently stated as follows: Tbe defendant Royal Coal Company owns a coal mine in Appanoose county, and tbe defendant McClellan is tbe owner of all tbe capital stock of said company. Prior to August 1, 1903, tbe mine bad been opened and worked for some years, and it was equipped witb tbe machinery and apparatus usual to tbe operation of a mine. On tbe date…
1Opinion of the CourtBishop, J.
The appealing defendants do not question the correctness of the judgment against Smith. And they concede that the labor performed by plaintiff and his assignors was under contract of employment with Smith, and done in connection with the operation of the mine in question. Two matters of complete defense are relied upon: (1) That the lien statute (Code, section 3105) does not provide for a lien upon the mining property of an owner in favor of the employes of an operating lessee. (2) The lien statute is void, as in conflict with the Constitution. In view of the construction we feel constrained…
2Cases cited15 opinions
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- Kanne v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
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