Daily Kennebec journal., 1907-11-22
Piscataouis Rescript.


Fiscataquis County Rescript-J S. Brogan
| VS.. Alexander McEachern and logs.
Andrew Mckinnon vs. Same.
james Richard VS.. Same
Gardiner Pickett VS.. Same.
Joseph Robitaille vs. Same,
Joseph Carter VS.. Same.
AlonZo johnson VS.. Same
Donald Murray VS.. Same.
James Kennedy VS.. Same.
Colin McEachern VS.. Same. ,. RI
| Strout. J.
Tie above 10 cases were tried together
| In each lien was claimed upon the
| logs attached for labor on and about
them in logging operation carried on
by the principal defendant, for Thomas
Gilbert. the owner of the logs. The ures-
ton in all of them was whether each
plaintiff had lien, and had perfected if
IN accordance with the statute. Upon this
question the evidence was practically the
same in each case, except some minor
difference alleged as to the officers GER
tlficate of attachment to the town clerk
| 1t was agreed that the evidence in all
should be considered in each.
The logs cut and attached were mark
Ell II with the figure of diamond
and girdle and "G." Gilbert became a
party to the suit to protect his inter-
est Each plaintiff had verdict for the
amount due him for labor upon the logs.
and establishing lein upon them.
The cases are here upon motions for
new trials and exceptions.
AS to the motion. The vrits comn,,r1
tile officer to attach certain logs marked.
and here was given fac-simile of the
mark, and after that was added in na
rerthesis CT. diamond girdle C.'o II is
objected that the true name of the mari,
is "slue diamond girdle." and that il
IS hiis-named in the writ Great stress is
iaid upof this by the counsel for de-
fence. but in our view It is easily dis
posed or. The writ gave the correct
marx. lt was not necessary to give it a
name. The addition of the name is sur
piussaec. The true and actual mark upon
the logs is correctly given in the writs
and the defendants logs with that mari,
were attached and are the 1o-s ,,no,
which the liens were claimed. The mari,
,oeii''i'eo me logs and the name given to
that mark is wholly immaterjal Rut
IL thlS were not so Colin w. McEachern,
on PaSe = of the report. testified that
Gilbert looked the mark over as We
were putting 1t on. copying it from the
paper. and said it was correct. ,.T dia-
mond girdle G." HE called If di.rond
S1rdle c. the name given in tho writ
Gilbert does not deny this. IT hardly 1ies
in his mouth to say that the name he
gave the mark is incorrect upon the tes-
t'mony OF witnesses, some of whom Give
IL one name and some the other
lt appears that defendant McEachern
gave each of the plaintiffs orders ,,non
Gilbert for the amounts due. and tho
holders, the laborers, sold tbesa o,,o,..,
TO the Moosehead Clothing Co. who
'lereoS became the assignee of the
claim for wages due the laborers and
"iS' ol ,he len upon the logs for the
labor done upon them, and NAV main
tam an ac'lon thereon in the name of the
! laporers to enforce the lien. Murphv We
Adams. Il Maine, 113; Phillips Us vose
| 81 Maine, 1874
IL Is SAID the orders included non-lien
claims, but if that is so, the actions vera
not upon the orders. hut upon accounts
| i"r iapor upon the logs, from which be,
! iole 'riai all non-lien claims were care
| i"iiy eliminated. 1t is therefore imm,te-
riai' whether the orders included non-
heh CLAIMS or not, the verdicts were for
lien claims only. The evidence clearly
SHOWS that each plaintiff had a lien ,,non
tEe logs marked with the ch,r,oter.
coried in the writs. and that thos. 49,.
were attached by the officer, to perfect
and secure the liens.
frt it is argued that the attachments
| were net perfected by the officer in his
return Of the attachments to the town
c'erk, and that thereby the liens have