Legal Opinion

Miller v. Marston

Supreme Judicial Court of Maine

Decided July 1, 1852PublishedCited by 6 opinions

On Report from the District Court, Rice, J., presiding. Replevin, for a mare, sleigh, harness and buffalo robes. The articles belonged to the plaintiff, and were by him placed in the care of the defendant, who was the keeper of a livery stable in Bath.

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On Report from the District Court, Rice, J., presiding. Replevin, for a mare, sleigh, harness and buffalo robes. The articles belonged to the plaintiff, and were by him placed in the care of the defendant, who was the keeper of a livery stable in Bath. The mare remained and was boarded at that stable from August, 1849, to April, 1850. Between those dates, the plaintiff drove her to Portland, and when he returned, directed the defendant’s hostler to “take the mare and use her well.” The testimony showed that “ the next morning she was found to be rather stiff; well used up; not lame but stiff;…

1Opinion of the CourtHoward, J.

—The defendant, as keeper of a livery stable, claims a particular lien, by operation of law, upon the property replevied, for the board of the plaintiff’s mare in controversy.

A lien upon personal property, at common law, is founded on possession, actual or constructive, and the right to detain the property until some claim, in which the lien originates, is satisfied or discharged. It involves the right to an uninterrupted possession, while it exists, and is lost, or waived when possession is voluntarily surrendered.

The owner of a horse put at livery has the right to use and possess it at all…

2Cited by6 opinions

  1. Williamson v. WinninghamSupreme Court of Oklahoma · 1947
  2. Auld v. TravisColorado Court of Appeals · 1895
  3. Pickett v. McCordMissouri Court of Appeals · 1895
  4. Maine State Society for the Protection of Animals v. WarrenSupreme Judicial Court of Maine · 1985
  5. Auld v. TravisColorado Court of Appeals · 1895

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