Baker v. . Robbins
Supreme Court of North Carolina
Civil actioN, tried on appeal from a judgment of a Justice of the Peace, before Goble, L, and a jury, at August Term, 1896, of DupliN Superior Court. The facts appear in the opinion of Associate Justice Fueohes. His Honor, on the verdict in favor of the plaintiffs, rendered judgment directing the lien on the boiler in favor of the plaintiffs to be enforced as a superior lien to that of the mortgagee, and the defendant Williams alone appealed.
1Opinion of the Court
Fueohes, J. :
This is an action of debt and to enforce a mechanic’s lien. The defendant Robbins was the owner of a steam saw-mill and boiler, upon which defendant Williams’ intestate held a mortgage. The defendant Robbins, being in possession of the mill without the knowledge or consent of his co-defendant, employed the plaintilf to patch and repair the boiler, which he did, according to the •finding of the jury, to the amount of $4-3.84.
The plaintiff afterwards filed his lien for this work on the mill, engine and boiler, which is admitted to be in time and regular in form.
There is no…
2Cases cited3 opinions
- Baltimore & Ohio & Chicago Railroad v. WalbornIndiana Supreme Court · 1891
- Bailey v. . RutjesSupreme Court of North Carolina · 1882
- Boone v. . ChatfieldSupreme Court of North Carolina · 1896
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- Brown v. . WardSupreme Court of North Carolina · 1942
- Weathers v. BordersSupreme Court of North Carolina · 1899
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