Mendilie v. Snell
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. C. P. McCarthy, Judge. Action for damages. Judgment for plaintiff and defendants appeal. “The statutory lien exists, generally, only in favor of one who has actually kept the animal, and whose business it is to feed cattle, and does not attach in favor of a mere servant employed in the eare of animals.” (2 Cyc.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. C. P. McCarthy, Judge. Action for damages. Judgment for plaintiff and defendants appeal. “The statutory lien exists, generally, only in favor of one who has actually kept the animal, and whose business it is to feed cattle, and does not attach in favor of a mere servant employed in the eare of animals.” (2 Cyc. L. & P. 317, and cases cited; Boston & K. G. Cattle Loan Co. v. Dickson, 11 Old. 680, 69 Pac. 889; Vose v. Whitney, 7 Mont. 385, 16 Pac. 846; Feltman v. Chinn, 19 Ky. Law Rep. 1147, 43 S. W. 192;…
1Opinion of the CourtAilshie, J.
This action was instituted, by the plaintiff against defendant Snell, as mortgagee of a certain band of sheep, and James M. Roberts, as sheriff of Ada county, for the purpose of recovering some $1,122, as damages alleged to have accrued by reason of the defendant’s taking the sheep from the possession of the plaintiff. The plaintiff alleged that he was employed by the owners of the sheep, Joe Odiago and Frank Mareuerquiago, at the agreed wage of $45 per month and board, to herd and eare for this band *665of sheep, and that he began work for the owners in September, 1909, and continued to work…
2Cases cited5 opinions
- Boston and Kansas City Cattle Loan Co. v. DicksonSupreme Court of Oklahoma · 1902
- Idaho Comstock Mining & Milling Co. v. LundstrumIdaho Supreme Court · 1903
- Hooker v. McAllisterWashington Supreme Court · 1895
- Vose v. WhitneyMontana Supreme Court · 1888
- Williamson v. MooreIdaho Supreme Court · 1905
3Cited by6 opinions
- Washakie Livestock Loan Co. v. MeighWyoming Supreme Court · 1936
- Seafoam Mines Corp. v. VaughnIdaho Supreme Court · 1936
- Love v. HecerMontana Supreme Court · 1923
- Engle v. PfisterMontana Supreme Court · 1953
- National Bank of Republic of Salt Lake City v. DrulasUtah Supreme Court · 1923
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