Van Etten v. Cook

• Decision Date: 23 May 1891
• Parties: VAN ETTEN v. COOK.
• Court: Arkansas Supreme Court

16 S.W. 477

VAN ETTEN v. COOK.

Supreme Court of Arkansas.

May 23, 1891.

Appeal from circuit court, Conway county; JORDAN E. CRAVENS, Judge.

Sanders & Watkins, W. L. Moose, and Ratcliffe & Fletcher, for appellant. Carroll Armstrong and J. H. Harrod, for appellees.

HUGHES, J.

The appellant brought an action in replevin to recover a lot of shingles held by appellee, Cook, as constable, and Shelby as sheriff, under writs of attachment levied thereon by them to satisfy the liens of laborers for work performed in making the same. Appellant afterwards filed a complaint in equity to have it determined who had liens, and for what amounts, expressing a willingness to pay all valid and just claims that were liens upon the shingles. He asked for an order for a receiver, and a temporary restraining order to prevent the sale of the shingles till the cause could be heard, which were granted. The replevin suit was transferred to the equity docket, and consolidated with the other. The laborers all entered their appearance, and the case was tried in chancery on oral evidence, not embodied in the transcript. The circuit court found that H. W. Burns owned and operated a shingle mill near Germantown in Conway county, Ark.; that the shingles in controversy were made by said shingle mill, and that the services rendered by the laborers claiming liens were necessary to the successful operation of the mill, and were rendered in the manufacture of the shingles, excepting the services of one Hill Hinson; that the shingles were the property of appellant, subject to the liens as set out in the decree; and that upon payment of the amounts secured by said liens in 20 days the shingles should be delivered to appellant, otherwise that they should be sold to pay the amounts secured by the liens. Appellant prosecuted an appeal. The only question for our consideration is, had the laborers liens under section 4425, Mansf. Dig., which is as follows: "Laborers who perform work and labor for any person under a written or verbal contract, if unpaid for the same, shall have an absolute lien on the product of their labor for such work and labor."

Liens were decreed to exist in favor of the following persons: J. G. Bony, who "was superintendent of the mill, filed the saws, and occasionally did other work at the mill, for $73;" W. H. Winfield, who watched the mill at night, cleaned the machinery, and raised steam in the morning, for $14.75; L. Charton, who removed saw-dust and splints from...