Flood v. Randall
Supreme Judicial Court of Maine
ON EXCEPTIONS. Assumpsit to enforce by attachment a lien on a certain mark, (called a double witness) of logs in St. Croix river, for seventy-two days’ work hauling the logs. Writ dated October 28, 1878. Charles F. Todd, the owner of the logs, appeared and pleaded general issue which was joined.
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ON EXCEPTIONS. Assumpsit to enforce by attachment a lien on a certain mark, (called a double witness) of logs in St. Croix river, for seventy-two days’ work hauling the logs. Writ dated October 28, 1878. Charles F. Todd, the owner of the logs, appeared and pleaded general issue which was joined. Subsequently the plaintiff on motion, was allowed to amend his writ by inserting Edmund instead of Edward in the plaintiff’s name ; thereupon the presiding judge ruled that the amendment dissolved the attachment. To this ruling the plaintiff excepted.
1Opinion of the CourtAppletoN, C. J.
This was an action in the name of Edward Flood to enforce a lien claim for hauling logs described in the plaintiff’s writ. After issue joined, the writ was amended by *440inserting Edmund instead of Edward in the plaintiff’s name. The presiding judge ruled that this dissolved the attachment, to which ruling, exceptions were taken.
We think the ruling correct. A lien given by statute for labor done on logs by A. B. is not the lien given for labor done on logs by C. B. though in each, the employer should be the same person. The lien attempted to be enforced by attachment, was for .labor done by…
2Cited by1 opinion
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