Bogard v. Tyler's Adm'r
| Court | Court of Appeals of Kentucky |
| Writing for the Court | DU RELLE, J. |
| Citation | 55 S.W. 709,119 Ky. 637 |
| Parties | BOGARD v. TYLER'S ADM'R et al. [1] |
| Decision Date | 10 March 1900 |
55 S.W. 709
119 Ky. 637
BOGARD
v.
TYLER'S ADM'R et al. [1]
Court of Appeals of Kentucky.
March 10, 1900
Appeal from circuit court, Trigg county.
"Not to be officially reported."
Action by J. D. Tyler's administrator and others against W. A. Bogard and William Parks. Judgment sustaining attachments, and defendant W. A. Bogard appeals. Reversed. [55 S.W. 710]
Fenton Sims, for appellant, Bogard. Robt. Cranshaw, for appellees McBride and others. R. A. Burnett, for appellees Tyler's administrator and another.
DU RELLE, J.
It appears that William Parks, who was engaged in operating a portable sawmill, on July 17, 1893, entered into a contract with W. A. Bogard, as follows: "This contract and agreement, this day made and entered into, by and between W. A. Bogard and William Parks, all of Trigg county, Ky. witnesseth: That the said W. A. Bogard hereby agrees to furnish and advance to the said William Parks eight dollars on every thousand feet of oak and poplar board lumber, 12, 14, and 16 feet long, of first, second, and common class, delivered on the bank of Cumberland river. For any advancement made under this contract the said W. A. Bogard is hereby given a lien on said lumber to secure the payment of said advancement, with 6 per cent. interest thereon until paid. Should any of said lumber be shipped to market for sale, it is to be shipped for account of the said W. A. Bogard. The amount of lumber upon which advancement is to be made under this contract is not to exceed three hundred thousand feet. July 17th, 1893." Under this contract, a large quantity of lumber, approximating 300,000 feet, was, from time to time, cut and delivered on the bank of the Cumberland river, and it is claimed a large sum of money was advanced to Parks by Bogard. The lumber was being loaded on barges for transportation to market, under the supervision of Bogard, at the time Fuqua and Tyler brought attachment suits, the attachments in which were levied upon this lumber. Soon after, a number of persons who had performed labor in the sawmill, and others who had sold standing timber to Parks, brought suit, claiming liens under section 2487, Ky. St., as having been the employés of Parks in the business, and as having furnished materials for the carrying on of the business; it being claimed that the sawmill was a manufacturing establishment, within the meaning of the section, and that practically the property of the owner of the establishment had come to be...
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Central Trust Co. of Illinois v. George Lueders & Co., 2539.
...of a cut-off for a cistern. In Graham v. Magann Fawke Lumber Co., 118 Ky. 192, 80 S.W. 799, 4 Ann.Cas. 1026, and in Bogard v. Tyler, 119 Ky. 637, 55 S.W. 709, it was held that a sawmill was a manufacturing establishment within the meaning of this statute. In Hall & Son v. Guthrie's Sons (Ky......
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In re I. Rheinstrom & Sons Co.
...open one. The relevant decisions are not few in number. They are as follows: Winter v. Howell, 109 Ky. 163, 58 S.W. 591; Bogard v. Tyler, 119 Ky. 637, 55 S.W. 709; Muir v. Samuels, 110 Ky. 605, 62 S.W. 481; Graham v. Magann Lumber Co., 118 Ky. 192, 80 S.W. 799, 4 Ann.Cas. 1026; Hall & Son v......
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Schumacher Stone Co. v. Tax Comm'n of Ohio, No. 26963.
...to be manufactured. A sawmill, which converts logs into lumber, was ruled to be a manufacturing establishment, in Bogart v. Tyler's Adm'r, 119 Ky. 637, 55 S.W. 709. So also was a flouring mill. Hall & Son v. Guthrie's Sons, 103 S.W. 721, 31 Ky.Law Rep. 801. ‘A corporation which is principal......
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Comm'r of Corps. & Taxation v. Bd. of Assessors of Boston
...resulting product than has been effected in the instant case has been held to constitute manufacturing. Bogard v. Tyler's Administrator, 119 Ky. 637, 55 S.W. 709;State v. A. W. Wilbert's Sons Lumber & Shingle Co., 51 La.Ann. 1223, 26 So. 106;Drennan v. Stone, 190 Miss. 874, 1 So.2d 799;Iden......
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Central Trust Co. of Illinois v. George Lueders & Co., 2539.
...of a cut-off for a cistern. In Graham v. Magann Fawke Lumber Co., 118 Ky. 192, 80 S.W. 799, 4 Ann.Cas. 1026, and in Bogard v. Tyler, 119 Ky. 637, 55 S.W. 709, it was held that a sawmill was a manufacturing establishment within the meaning of this statute. In Hall & Son v. Guthrie's Sons (Ky......
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In re I. Rheinstrom & Sons Co.
...open one. The relevant decisions are not few in number. They are as follows: Winter v. Howell, 109 Ky. 163, 58 S.W. 591; Bogard v. Tyler, 119 Ky. 637, 55 S.W. 709; Muir v. Samuels, 110 Ky. 605, 62 S.W. 481; Graham v. Magann Lumber Co., 118 Ky. 192, 80 S.W. 799, 4 Ann.Cas. 1026; Hall & Son v......
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Schumacher Stone Co. v. Tax Comm'n of Ohio, No. 26963.
...to be manufactured. A sawmill, which converts logs into lumber, was ruled to be a manufacturing establishment, in Bogart v. Tyler's Adm'r, 119 Ky. 637, 55 S.W. 709. So also was a flouring mill. Hall & Son v. Guthrie's Sons, 103 S.W. 721, 31 Ky.Law Rep. 801. ‘A corporation which is principal......
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Comm'r of Corps. & Taxation v. Bd. of Assessors of Boston
...resulting product than has been effected in the instant case has been held to constitute manufacturing. Bogard v. Tyler's Administrator, 119 Ky. 637, 55 S.W. 709;State v. A. W. Wilbert's Sons Lumber & Shingle Co., 51 La.Ann. 1223, 26 So. 106;Drennan v. Stone, 190 Miss. 874, 1 So.2d 799;Iden......