Bondur v. Le Bourne
Supreme Judicial Court of Maine
On exceptions. The case is stated in the opinion. The presiding justice ruled that the plaintiffs had a lien. cited: Hayford v. Everett, 68 Maine, 505; Golton v. King, 2 Allen 317; /Sands v. Sands, 74 Maine, 239 ; R. S., c. 91, § 38. The first point to be noticed is that the amendment is made long after default. The defendant is not in court. The plaintiff had taken his default without amendment.
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On exceptions. The case is stated in the opinion. The presiding justice ruled that the plaintiffs had a lien. cited: Hayford v. Everett, 68 Maine, 505; Golton v. King, 2 Allen 317; /Sands v. Sands, 74 Maine, 239 ; R. S., c. 91, § 38. The first point to be noticed is that the amendment is made long after default. The defendant is not in court. The plaintiff had taken his default without amendment. There was, at the time this action was commenced, no lien on wood for cutting into cord wood. The first act giving such lien was c. 280, Laws of 1885. It is claimed this material is lumber, and a…
1Opinion of the CourtVirgin, J.
Assumpsit for cutting, peeling and piling 1491¾ cords of poplar lumber for pulp. The defendant was defaulted. The claimant came in to defend against an alleged lien. The-presiding justice, after the default of the defendant, allowed an amendment by striking out the word " peeling,” and the claimant alleged exceptions.
We think the ruling was within the discretion of the judge. Hayford v. Everett, 68 Maine 505 ; Colton v. King, 2 Allen, 317.
We are of opinion also that his ruling was correct in relation to the lien. Sands v. Sands, 74 Maine, 239.
To be sure, the contract was specific in terms to…
2Cases cited1 opinion
- Hayford v. EverettSupreme Judicial Court of Maine · 1878
3Cited by2 opinions
- Dead River Co. v. Assessors of HoultonSupreme Judicial Court of Maine · 1953
- American Tie & Timber Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Fifth Circuit · 1909