Woodruff v. Ives
| Decision Date | 20 June 1876 |
| Citation | 34 Mich. 320 |
| Court | Michigan Supreme Court |
| Parties | Francisco P. Woodruff and another v. Caleb Ives and another |
Submitted on Briefs June 8, 1876
Error to Saginaw Circuit.
Judgment affirmed, with costs.
William H. Sweet, for plaintiffs in error.
D. W Perkins, for defendants in error.
Defendants in error brought trover to recover the value of certain pine saw logs converted by plaintiffs in error, who justified as sheriff and deputy sheriff of Saginaw county, under two certain writs of attachment issued out of the circuit court of said county commanding them to attach and safely keep the logs in question.
The plaintiffs in the attachment suits claimed a lien upon these logs, for work and labor performed thereon, under and by virtue of Act No. 185 of the Sess. Laws of 1873, p. 466, and the attachment was issued under the provisions of that act to enforce the lien.
The court instructed the jury that the affidavits attached to the writs were defective in not stating what kind of labor or services were performed by the plaintiffs in the writs, whether it was of that kind or character such as would entitle them to a lien upon the logs; that the officers had no authority therefore to seize the logs, and were guilty of a conversion in so doing.
Section 1 of the act referred to gives any person who may perform "any labor or services in falling, cutting hauling, banking, driving or running any logs or timber in this state, a lien thereon for the amount due for such labor or services." The person claiming such lien is required to take certain steps for the purpose of keeping his lien in force, and within three months after filing his statement, he may enforce his lien by attachment against the logs. The proceedings and process in such cases shall, as near as may be applicable, follow the general statutes relating to attachments. The statute further provides that, before any attachment shall be executed, an affidavit shall be annexed thereto, setting forth the amount of indebtedness, as near as may be, over and above all legal set-offs; and such affidavit shall also show that the indebtedness is due for and on account of such labor and service on such logs or timber as entitles the plaintiff to a lien thereon; describing as particularly as may be the logs and timber."-- § 4.
The affidavits set forth that Perkins & Ives, the owners of the logs, employed Andrew Wendell...
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