The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-12-22

ncon in this between the different kinds of
in the case OF the latter equity will nteose where there other
jurisdiction of court of equity invoked to enforce
statutory lien the statute and
Jones on en Sc ~ citing the language OF the syllabus
was not one OF jurisdiction but whether mechanics lien ud be-
limited that portion of canal which by
plaintiff extended to the entire canal
is said by the author "A lien which purely legal
which created by dependent pon statutory provisions
tor t 's" can not be aided equity ii the lien fails law
in equity conformity with established equitable
specific quty and enforced by sae
under such decree Equity will interfere where
satatoy or an equitable psoeesde At law there remedy
lien unless it is given by statute" h., Sec 1855.
BY merely there is no redy at law
Generally by statute
can be enforced only under provisions An
absence OF such provision lien be enforced
s Sesss o Jurisdiction is acquired under well established rules ID
In the Ohio cited in the Sec "a,
no lien in equity his debtors chooses in action until bill
e court in e Case Case a Pra Hos5 ns
East 81 that right Of stoppage in transu does include
materials and labor which did include right
that the law en Of base o service aats oy w n h
has possession and does not authorize sale by him also Alien
o holding the of carriers lien for freight but
the Allen, 3o authorized
None Of the authorities cited by ones unless as Kans 4
which not at hand appear to sustain the broad doctrine that
scribed procedure for its enforcement at law.
unon real estate even by ate fo se d tb sh
lien purely local in Characteristic arising
and be enforced only the mode prescribed BY
law Desty Taxation 754 citing People q higgins 90 Ill 4sr
But "A lien by may be enforced of
statute b. P citing besides Colorado Conn 5s7
80 eh IN ib S c q a' eas l 6o e R Co., pac
tax lien on railroad was established in equity in the absence
be based provision municipal charter authorized
The Iowa case is referred to above The
before They referred Cooley
anee seem to have fo the
Pomeroy Of statutory liens that OF the state:
actions resulting pro-
his Citations however certainty those from Indiana Minnesota
y 545 U zaI the New York decisions
n Y 40 (1s5, plaintiffs
claiming that the lien Sin like though its
referring remedies for collecting by distress
he circumstance of
assessments are given by statute" said: -, :,
Exactly adapted the might
V afe By p6Sdn lie" e Of
mortgage party assessed might be called into show
that the proceedings irregular and the purchaser
bill Of foreclosure would have the protection of Judgment
If the affirming the legality Of the lien 9
enforced only in the prescribed by the law which
that lien which, said the can only be
a the lien II
be oreclosed equity the various
lien for order to collect the same
clearly defined the law the mode
under which Judgment lien be
collected AS the II
the delinquent list to the II
ountv wheeupon judgment could be rendered against the lam
due thereon Here adequate
by the legislature for the
decides nothing that
lien which be enforced by statute
1t NAV be similar " est Nlr- II
inia Baltimore & O. r. Co.. w Va 81 II
OF (18o5) real for be enforced