Graham v. Magann Fawke Lumber Co.
Court of Appeals of Kentucky
Casé 22 — Action by David Graham Against Magann Fawke Lumber 'Co. to Enforce an Employe’s Lien. APPEAL FROM ESTILL CIRCUIT COURT-D. B. REDWINE, CIRCUIT JUDGE. From the Judgment Plaintiff Appeals. QUESTIONS INVOLVED. 1. Is Act February 25, 1893, under which appellant claims lien, constitutional? 2. Is appellee, Magann-Fawke Lumber Company, a manufacturing establishment? 3. Has appellant an employe’s lien thereon, he having taken all the initial steps to secure same? i.
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Casé 22 — Action by David Graham Against Magann Fawke Lumber 'Co. to Enforce an Employe’s Lien. APPEAL FROM ESTILL CIRCUIT COURT-D. B. REDWINE, CIRCUIT JUDGE. From the Judgment Plaintiff Appeals. QUESTIONS INVOLVED. 1. Is Act February 25, 1893, under which appellant claims lien, constitutional? 2. Is appellee, Magann-Fawke Lumber Company, a manufacturing establishment? 3. Has appellant an employe’s lien thereon, he having taken all the initial steps to secure same? i. Did the property come to the hands of the commissioner for distribution among the creditors? 5. What effect has the mortgage…
1Opinion of the Court
Opinion op the court by
CHIEF JUSTICE BURNAM.
The Magann, Fawke Lumber Company owned a sawmill plant near Irvine, Ky., and were engaged in the business of manufacturing lumber. On the 20th of April, 1900, they mortgaged their entire plant to George P. Magann to secure Ihe payment to him of a note for $40,000 for borrowed money. George P. Magann transferred this debt to the Bank of Montreal, Canada. The bank on the 14th of March,-1902, filed its petition in the Estill circuit court for an enforcement of their lien and a sale of the property. A judgment was rendered decreeing a foreclosure in…
2Cases cited1 opinion
- Bogard v. Tyler's Admr.Court of Appeals of Kentucky · 1900
3Cited by9 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- In re I. Rheinstrom & Sons Co.District Court, E.D. Kentucky · 1913
- Central Trust Co. v. George Lueders & Co.Court of Appeals for the Sixth Circuit · 1915
- Schmidtman v. Atlantic Phosphate & Oil Corp.Court of Appeals for the Second Circuit · 1916
- State v. Hennessy Co.Montana Supreme Court · 1924
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