Kerr v. Moore
Mississippi Supreme Court
Error to the Circuit Court of Yalobusha County., Hon. O. Dayis, Judge. This was a proceeding by writ of seizure, under tWact of April 5, 1872, entitled “An Act to secure the parent of wages for labor and liabilities for supplies ” (Acts 1872^^131), instituted before a justice of the peace by John John H. McAfee, comprising the firm of Kerr against William Moore, the land-owner.
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Error to the Circuit Court of Yalobusha County., Hon. O. Dayis, Judge. This was a proceeding by writ of seizure, under tWact of April 5, 1872, entitled “An Act to secure the parent of wages for labor and liabilities for supplies ” (Acts 1872^^131), instituted before a justice of the peace by John John H. McAfee, comprising the firm of Kerr against William Moore, the land-owner. Kerr & McAfee founded their claim on the following assignment by John A. Cook, the laborer: — “OaklaND, Miss., Nov. 20, 1873. “ For and in consideration of value received, I hereby transfer all my right, title and…
1Opinion of the CourtCampbell, J.
The question chiefly discussed by counsel in this case is as *288to the assignability of the lien of a laborer for his wages under the act of April 5, 1872, so as to entitle his assignee to assert it; and, responding to the argument, we will announce our conclusion on this question, although we shall dispose of the case on another.
The lien given by law to the laborer for his wages has been properly likened to that of a mechanic or material-man, for what is due him. The authorities are very conflicting as to the assignability of a mechanics’ lien. Some maintain it, others deny it, and others…
2Cases cited5 opinions
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Davis v. BilslandSupreme Court of the United States · 1874
- Iaege v. BossieuxSupreme Court of Virginia · 1859
- Tuttle v. HoweSupreme Court of Minnesota · 1869
- Ritter v. StevensonCalifornia Supreme Court · 1857
3Cited by16 opinions
- Midland Railway Co. v. WilcoxIndiana Supreme Court · 1890
- Duncan v. HawnCalifornia Supreme Court · 1894
- Falconio v. LarsenOregon Supreme Court · 1897
- Sibley v. County of PineSupreme Court of Minnesota · 1883
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
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