Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1893-06-22
IMPORTANT TO LOGGERs.
Supreme Court Decision Regarding FIJI
ing of Liens.


ing of Liens.
A very important decision on the sub
ject of laborers' liens has just been hand
ed down by the supreme court OF this
state. The case is entitled Felix Proulx
ct al, vs.. Stetson & Post Mill Company
and Al Baker.
Felix Prculx and other loggers were
hired by ]. V. Taylor to work in his log
ging camp during the winter of 1890.
Something more than 1000 feet Of logs
were cut and by Taylor sold to Stetson q
Post Mill Company. The laborers insti-
tuted joint action against the mill COM
pany and Taylor. A. ]. Baker interviewed
and joined with the mill company.
Taylor allowed default to be entered
against him and the loggers got Judgment
against the other two defendants.
The defendants appealed, but by this
decision the judgment of the court below
is affirmed. The decision states that the
complaint nowhere alleged the number OF
days worked by each man in getting out
the boom oflogs upon which the lien was
sought to be foreclosed, nor the date they
began to labor upon them. The lien for
all of the work done was, in fact, filed
upon the one particular boom OF logs.
The appellants claimed that there was
fatal variance between the allegations
OF the complaint and the notice OF lien
and proofs. ''In other words, their con-
tention was that it should have been al
legged and proved that all of the labor
for which the lein was claimed was per-
formed upon those identical logs, and
shst no lein could attach for services any
part Of which was rendered in securing
other logs; although all the labor was per-
formed for the same party. in the same
camp, and under one continuous con-
tract"
eve do not so eonstrue the law. Sec
ton 1879, volume l, general statutes,
provides that every person performing
labor upon or assisting in securing saw
logs shall have lien upon the same.
II that section stood alone, there might
be some force in the appellants conten-
ton, But this must be read with section
1890, which provides. in substance, that
any person who shall bring an action to
enforce his lien has right to demand
that such lien be enforced against a
whole or part Of such logs upon which he
- f,e> fA1 IN
ing during eight months next preceding
the fling of his claim OF lien. The con-
struction Of this statute contended for by
appellants would render this latter sec
ton meaningless and nugatory, and in
many instances deprive the laborer OF
the benefit Of the greater portion OF his
labor. The decision goes on to state
that il would be harsh rule that would
compel lahorer, where portion Of the
logs be assisted in securing were lost or
disposed Of by the owner, to ascertain ex-
actlS the. amount Of labor performed on
the remainder and permit him to "fore-
ciose bis hen for that amount only, al
though the value Of the logs remaining
might be amply sufficient TO pay him in
iitll. And such we think is not the in
tention Of the legislature. These lien
statutes are remedial in their nature and
should be Literally construed, and are
generallv go construed We are unable
to perceive why the rule should be other
wise. No hardship can result unless it
be to the laborer himself. Itcan certain
ly work no injury to the owner to compel
him to pay his debt out Of part of the
property rather than the whole" There
is nothing in the statute requiring the
laborer to file lien as often as portion
of the logs are doomed, says the decision.
This was the point contended for by W.
D. Lambuth, who conducted the case in
the supreme court for the respondents.
A decision in Cheveret VS.. Mechanics
Mill and Lumber Company, reported in
4 WASH, 72l, decided that any number
OF claimants of laborer's liens might join
in one notice of lien where the character
of the claims is the same, tho same prop
erty proceeded against and each claim
separately stated, as required by statute.