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62 Cal. 483

Shuffleton v. Hill

California Supreme Court

Decided October 25, 1880

California Supreme Court · decided 1880-10-25

<p>Logger’s Lien Law—Construction op Statute.—The Act of March 30, 1878, giving a lien to loggers, etc., does not apply to contracts entered into prior to the date of that act.</p>

Decided 1880-10-25

The Court:

¶1The contract under which the logs in question in this suit were cut was made April 10, 1876, by which Greenlaw was 'to cut and deliver logs at certain specified times and places, receiving compensation at specified rates and times, as logs were delivered. The act under which plaintiff claims a lien as a laborer upon the logs was passed March 30,1878. The terms of that contract can not be considered as changed by that act. Plaintiff certainly has no more rights as to what money was due than Greenlaw, or his assignee would have had; and if, by the terms of that contract, no money was payable to Greenlaw at the time the liens were filed, plaintiff had no lien to be enforced.

¶2Judgment and order reversed, and cause remanded for a new trial.

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