Daily capital journal. (Salem, Oregon) 1903-1919, 1914-09-29
SUPREME COURT
PASSES ON 8 CASES
Holds Loggers Lien Follows
the Lumber in the Yard
Cut From Logs

The Judgment of Judge Galloway in
the circuit court Of this county in the (
Silverton logging case was affirmed (
this morning in decision handed down {.
by Justice Ramsey Of the state supreme
court. The ease was brought by vii. /
liam Schultz, Abe Charpolloz, Mrs. Jes.
sic Brown, Louis Price, Fred Ringleb
John Mikel, G. W. Ray, N. Weston.
Burr Brown and George Earhart. -
plaintiffs and respondents, against ]. F.
fIertaler, defendant and appellant. This
was suit to forecloso loggers' liens
and the plaintiffs won their suit IN the
lower court
1t appears that John Shively took
contract to cut number Of logs on
Granite mountain near Detroit and TO
put them on ears for shipment to Hertz.
ler's mill at Abiqua, enc and one.balf
miles Rorth OF Silverton, for $3.50 pei
thousand feet. The defendants work.
ed for Shively on the contract cn
nearly 100000 feet were delivered at
the mill pond, All of these logs were
branded with the letters "U 81
About 10000 feet moro were cut but
not branded and Shively defaulted in
payment for the services of the log.
gers. Liens were made and served, and
the loggers recovered some 100000 feet
of the logs and sold them at ALBANY
for part payment Of their services.
{ 1t eppears that Hertllcr cut some
of the logs in the MIL pond into um.
Der and railroad ties. The logs were
. included in the liens and the lower
court held that even though il might
be difficult or even impossible to iden.
tify all of the lumber Gu; ON -,
, logs that the lien applied to all of the
t logs in the pond and TO all of the um.
Der in the yard cut from tnem at tn,
n time that the service of the liens was
made.
Chief Justices Mcbride and Justices
Eakin and Bean concurled. Justice
;. McNary took no part in the consider
alton Of the case. L. p. Norcon ap
: pcarcd for the appclent, and John il
+, McNary, of the firm of McNary. -
. ard Shields, for the plaintiffs and re
spoudents.
Helen Bissctt, young woman VIII,
signed receipt for damages agains
= the Portland Railway, Iig't and Pow
u cr company and release from furthc
damages from the company for the sun
y Of $50 and won the decision In the low
70 cr court, had her case affirmed in tn
e supreme court today. When she wa
y injured in n wreck she was within
few miles Of the place where she wa
going to visit friends Before she lef
~ the scene Of the wreck n c'aim agen
$. appeared and asked here wncre sh
Of intended to 90 and she Informed hiI
er that she was going to the home q
OF friends six miles from there. "Hcrc
Is 800. That win take you there. Sig
or this receipt" he is reported to hay
x. said, She signed the receipt, not knoy
W. ing that it was release of the con
,r. pany.
ry The jury of the lower court, howeve
ge awarded the young lady $4,000 damage
Ia Other decisions were as follows;
he Winnie a. Vincent, ct. al, VS.. Fir
nj National Bank Of Newbers, appellar
ty appealed from Yamhill county; motto
to dismiss appeal denied, per curiam.
j, b. Reed, appellant, VS.. C. X. Bra
I'm denbuTg, ct. al, appealed from Klama
a county; suit TO enjoin defendants fro
re. disposing Of certain property, reverse
nd Judge Mcbride.
ily William D. Richards vs.. A. w. Mol
l. ct, al, appellants, appealed from Was
nj county; suit to compel the acceptan
oJ. Of taxes on real property, reverse
w Judge Moore.
Sidney Norman VS.. Robert II. Ell
. -, ct. al, appellants, appealed from Mu
~ nomah county; suit for broker IS go
T." H., mission, affirmed, Judge Burnett.
,u d. X. Mccain, executor Of the esti
,"o o Of Margaret Burns, deceased, w. II.
VI" Burns, ct. ol., appellants, appealed fr
Multnomah county; action to reeo'
damages for the alienation of the
los, fections Of husband, reversed, Jut
IVY Burnett.
nus William Neilson4vs. Title Guaral
the & Surety Co., appellant, appealed fr
Iea Multnomah county; action 10 reco
OF on surety bond reversed, Judge RI
sscS sey.
her II. l.. Frank VS. A. c, Wcodcock,
lief pellnnt, appealed from Lane coun
rep action TO recover wages, affirm
Vlfp Tuloa Rpnn