Anderson v. Great Northern Railway Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to establish certain liens against railroad ties and to assess the amount of damages sustained by the plaintiff by reason of the eloignment of the ties by the defendant and to have the amount of damages trebled. Judgment for the defendant. Plaintiff appealed. The lien in favor of these six men was created and came into existence when the work was done.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to establish certain liens against railroad ties and to assess the amount of damages sustained by the plaintiff by reason of the eloignment of the ties by the defendant and to have the amount of damages trebled. Judgment for the defendant. Plaintiff appealed. The lien in favor of these six men was created and came into existence when the work was done. The filing of the statement of the claims for the lien does not create the lien but merely perpetuates it. (25 Cyc. 1588; Viles…
1Dissent
STEWART, J.,
Dissenting. — I dissent from the majority of the court in their two opinions upon the question that sec. 1, chap. 226 of the 1911 Sess. Daws (p. 727) violates see. 1, *451art. 14 of the federal constitution and see. 13 of art. 1 of the state constitution.
Section 1 provides: “Every person, firm, company or corporation selling or furnishing supplies, groceries, feed or other necessaries to any contractor, boarding-house keeper or other person, firm or corporation to be used upon and while such contractor, boarding-house keeper or other person, firm or corporation, or the employer of…
2Cases cited9 opinions
- Phillips v. Salmon River Mining & Development Co.Idaho Supreme Court · 1903
- Holmberg v. JonesIdaho Supreme Court · 1901
- Perkins v. ThornburghCalifornia Supreme Court · 1858
- Empire Copper Co. v. HendersonIdaho Supreme Court · 1908
- In re HullIdaho Supreme Court · 1910
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