Foley v. Markham
Supreme Court of Minnesota
Action in the district court for Aitkin county, in claim and delivery, for certain pine logs, or, in case delivery could not be had, for $500 as their value, and $100 as damages for their detention.
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Action in the district court for Aitkin county, in claim and delivery, for certain pine logs, or, in case delivery could not be had, for $500 as their value, and $100 as damages for their detention. At the trial the parties stipulated upon the following facts: Under contract with plaintiff, one Morrins cut and banked certain logs which were the property of plaintiff, and were marked with a certain log mark, recorded in the name of plaintiff in the office of the surveyor general of logs for the district. A person hired by Morrins, who had performed manual labor upon the logs, alleged to be of…
1Opinion of the CourtCollins, J.
1. This case was argued at the April, 1894, term,, when but four members of0 the court were in attendance. While it was under consideration we learned that the principal, and, as we regard it, the important, question involved, namely, the constitutionality of the log-lien law of 1876, was to he presented at the present term in the case of Brown v. Markham, infra, page 233, 62 N. W. 123. Preferring to consider the question with a full bench, the decision of this cause was postponed. In the Brown Case (opinion filed with this), we hold the law valid in so far as it protects and continues the…
2Cases cited1 opinion
- Brown v. MarkhamSupreme Court of Minnesota · 1895